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HomeMy WebLinkAbout11-04-1986 fl(~wd~ QLtj Qour Nov. AGENDA CITY Of bBNTON CITY COUNCIL, November 4,, 1986 Work Session of the City of Denton City Council on Tuesday, November 4, 1986 at 5:30 p.m. in the Civil Defense Room of the Municipal Build?ng at which the following items will be considered: 5:30 p.m. 1. Receive update on Plow Memorial Hospital transfer. 21 Litigation. 3. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.C.S. (see item 42) B. Real Estate: under Sec. 2(f), Art. 6252-17 V.A.C.S. (see item M1) C. Personnel/board Appointments Under Sec. 2(g), Art 6252-1.7 V.A.C.S. 6:00 p.m. 1. Receive a presentation from representatives of the North Texas Commission. 2. Consider giving staff direction regarding engineering work on the Oak-Hickory street Improvement project. Regular Meeting of the City of Denton City Council on 'T'uesday, November 4, 199b, at 7:00 p.m. In the Council Chambers of the Municipal Building at which the following items will be considered: 7:00 p.m. 1. Consider approval of the Minutes of the Regular Meeting of July 15, 1986; the Special Called Joint Meeting with the Public Utilities Board of July 22, 1986; and the Special Called Joint Meeting with the Airport Advisory Board of July 29, 1986. 2. Consider adoption of an ordinance and service plan annexing approximately 23,6420 acres of land being part of the Gideon Walker Survey, Abstract No. 1330, and beginning adjacent and north of Edwards Road approximately .5 mile en st of Mayhill Road and approximately .5 mile west of Swisher Road. (A-41) L City of Denton City Council Agenda November 4, 1986 Page Two 31 Public Hearings: A. Z-1817. Petition of the Tommy Corporation requesting single family (SF-7) zoning with minimum 7,000 square toot lots on 23.64 acres. The property is located north of Edvards 'toad approximately 2,800 feet from l,layhill Road tad more fully described in the Gideon Walker Survey No. 1330. If approved, the property may be utilized for any use permitted within the single family-7 district. (The Planning and Zoning Commission recommends approval.) 1. Consider adoption of an ordinance approving single family (SF-7) zoning with minimum 79UOU square foot lots on 23.64 acres located north of Edwards Road approximately 2,8UU feet from Mayhill Road B. Petition of the Denton Historic Landmark Comm ISS1oil requesting a historic landmark district designation in the West Oak/West Hickory Street area. The boundaries of the proposed district are as follows: The north side of Uak Street from 61U West Oak west to the intersection of Oak and Fulton srr:ets, with the exception of the property located at 918 West Oak Street. The south side of Oak Street from 609 West Oak west to the intersection of West Oak and Welch streets, with the exception of the property located at 903 West Oak Street. The north side of Hickory Street from the intersection of Hickory and Welch streets to the intersection of Hickory and Williams streets. fhe east side of Denton Street from the intersection of Denton and Oak streets to the intersection of Denton and Pearl streets. The south side of Pearl Street from 607 Pearl west to the intersection of Pearl and Denton strt.ets. The property is more particularly described as City of Denton block numbers 328, 329, 330, 336, 476, 488 and part of block 475. (The Planning and Zoning Commission recommends approval.) City of Denton City Council Agenda November 4, 1,986 Page Three 4. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accoreiance with the Staff recommendations. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinance (Agenda item 5.A). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. bids and Purchase Orders. 10 Bid N 9661 - Utility poles 2. Bid N 9665 - Cut out/squirrel guard B. Plats and Vacation: 1. Approval of preliminary plat of Hickman Addition, Lot 1, Block A. (The Planning and Zoning Commission recommends approval.) 7. Vacation of the Meadow Oaks Addition, Third Section. (The Planning and Zoning Commission recommends approval.) C. Contracts: I. Consider approval of annual software maintenance contract for $27,000 with 'fRBS Corporation for utility billing system known as CIS and associated subsystems. (The Data Processing Advisory Board recommends approval.) D. Change Orders and Final Payments: 1. Consider ap roval of Change Order N1 in the amount of 11,958.13 and final payment in the amount of $12,753.12 to Dickerson Construction for Aid N 9628 (McKinney Street sewer line). 2. Consider final payment to Jagoe-Public in the amount of $579,870.46 for overlay 85.2 project, Bid it 9539, Purchase Order 0 71U12. City of Denton City Council Agenda November 4, 1986 Page Four S. Ordinances: A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, equipment, supplies or services. B. Consider ado,)tIor of an ordinance approving planned devel(j,)it,ei1,r +ning and a concept plan on 690.8 acres pr9st:10If zoned agricultural (A). The property Is described as beginning approximately 600 "eet south of U.S. Highway 380 and extending to approximately 1,800 feet south of FM 426 (East ?McKinney Street), The property is further described as being a tract in the M. Forrest Survey, Abstract 417, and the W. Durham Survey, Abstract 330. (L-1779) C. Consider adoption of an ordinance ordering, an electior► regarding Capital Improvements Program bonds to be held on December 13, 1986. D. Consider adoption of up ordinance prohibiting U turns on Audra Lane at its intersection with McKinney Street. (The Citizens 'T'raffic Safety Support Commission recommends approval.) L. Consider adoption of an ordinance authorizing entry :nto an interlocal cooperation agreement between the City of Denton and Denton County for health services, repealing Ordinance No. 86-189 to provide for a revised rate for such services. b. Resolutions: A. Consider approval of a resolution changing the intensity policy near Lake Lewisville. (The Planning and Zoning Commission recommends approval.) S. Consider approval of a resolution expanding the municipal airport high intensity area. (Tile Planning and Zoning Commission recommends approval.) C, Consider approval of a resolution converting the £roo age roads along Interstate Highway 35E from State School Road to the city limits, to one-way operation to be effective 30 days prior to the beginning of construction, (The Citizens Traffic Safety Support Commission recommends approval.) City of Denton City Council Agenda November 4, 1986 Page Five D. Consider approval of a resolution and rower line license for crossing at Mayhil.l Roach and the Missouri-Kansas-Texas Railroad Company, (The Public Utilities Board recommends approval.) E. Consider approval of a resolution aaopting two (2) personnel policies: 108,04 Use of city Vehicles 112.01 Separation/out-processing procedures F. Consider approval of a resolution ;stating the intention to appoint a C1P '91 committee. G. Consider approval of a resolution declaring Tuesday, November 18, 1986 to be Mayor's D-Day in the War on Drugs. 7. Miscellaneous matters from the City Manager. 81 New Business: This item provides a section for Council Members to suggest items fur future agendas. 9. Official. Action on Executive Session Items: A. Legal Matters Be Real Estate C. Personnel and/or Board Appointments 10. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.C.S$ Be Real Estate Under Sec. 2(f), Art, 6252-17 V,A.C.S. C. Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V,A.C.5. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 1986 at o'clock (a.m.) p.m. CITY SbCKhrARY 2430C 'oo ~00~ VICE PRESIDENT 07~'~~~~~~ RE +t~~T.bQi OIONALSSRVIC[8 NORTH TEXAS COMMISSION 9100 EAST AIRFIELD DRIVE DFW INT'L AIRPORT, TEXAS 75291 October 27, 1966 OCT 3 019W Mr. Lloyd Y. Harrell City Manager MA At3 s i SCE City of Denton 215 East McKinney Denton, Texas 76201 Dear Lloyd: This is to confirm our recent conversation regarding the North Texas Commission appearing before your City Council. We will be delighted co brief your Council on November 4. I'd like to thank you personally for your assistance in seeing that the partnership between the City of Denton and the North Texas Commission continued, "The unity and cooperation among our cities is the strength of this region." We look forward to seeing you November 4. *Sinoerely, v,.~t.4~ Teresa Threlkeld TLT:nbb no: Worth Blake Hy Lyon CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 580-8307 Office of the Cffy Manager M b M 0 R A N D U M TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Assistant City Manager DA'I'S: October 30, 1986 SUB3hCT: Construction of Hickory Street Following the last meeting, several of the Council members asked us to look at alternatives for Hickory Street. In previous back-up material we had talked about parking lanes and making the street one-way. Staff began looking at these options in an effort to follow the transportation plan as developed in the Development Guide. On the attached map you will see that Oak and Hickory Street form a major arterial system for the conveyance of traffic east and west. You will also note that these two streets eventually comoine into one street - Oak Street - which leads further west to the freeway and an underpass at that )uncture. It then extends even further west toward the airport and the indust-iai high intensity area that has been contained in the Development Guide for the last five years. Indeed, even now, Planning and Zoning is considering enlarging this western intensity area. The staff has always felt that because of the juncture and existing overpass at. 135 and the intensity designations In the land use planning guide, that this will become a major entrance to the City and a major conduit for east-west traffic from the industrial area to the rest of the City. This is why this street should be a major carter and why we're leaning toward a one-way pair since it Is the most efficient. At the same time, the staff is always aware of the budget constraints that we all face. Because Oak and Hickory are only one block apart and because we know that the streets with traffic in one direction carry the traffic more efficiently, we began to look at a system that would allow us to build the biggest traffic carrying sections and still remain within the bond fund budget, These were the foundations that led us to consider Uak and Hickory as a one-way couplet, Construction of Hickory Memo October 30, 1986 Page 2 However, the one-way couplet was not the only solution that we looked at. 'the $10 milliu.t street bond issue provides us with enough funding to build any of the following road sections; Section Width Description Savings 37' Three lanes one-way $709000 371-45' Three lanes one-way $500000 (parking on north side between Avenue C and Avenue A) 45' Ultimately three lanes one-way $289UU0 (continuous parking lane on north side) 45' Two lanes in each direction $0 (initially could allow for parking on both sides) Each of these facilities has some good points and bad points. The 37' section allows us to carry a large number of vehicles efficiently. It would also reduce our cost the most. On the other hand, it makes no provision for parking at all. In the western areas of Hickory, this may be all right since that is mostly apartment buildings and accommodations were made in their parking facilities to provide for one and a half to two cars per dwelling unit. However, it does not address the needs of the residential areas further to the east or the commercial enterprises between Avenue B and Avenue A. The second section that, varies between 37' and 45' does allow for parking between Avenue C and Avenue A. While phis would be very similar to the existing }pattern between Avenue C and Avenue A, it does not address any needs for parking further west of Avenue C. Incidentally, this was the initial suggestion to you several weeks ago. The next section is 451, however, it would be built somewhat different than we build our normal sections. It would allow us to build three lanes, full depth asphalt, which would enable us to carry any kind of traffic including heavy loads. We would also build 8' of this width as a thinner section that would be used only for parking. In all likelihood we would suggest that this lane be located on the north side of Hickory for its entire length. This section would allow us to ultimately carry three lanes of traffic in one direction and allow parking on one side of the facility. It would allow us to use the most efficient design for carrying traffic and still meet the demands for the parking needs. Construction of Hickory Meso October 3U, 1986 Page 3 The last section that we looked at is a typical run-of-the-mill 45' section. This section would allow us to build four traffic lanes. These lanes normally are split to provide two lanes in each direction. Obviously this loes not allow for as much traffic carrying capability in one direction. It also reduces the amount of carrying capability because of the turning movements, particularly the left-hand turn movements, against an oncoming flew of traffic. Initially this kind of facility could be used to provide parking on both sides of the street. However, as the needs grew and development occurred to the west, in all likelihood, a decision would have to be made to reduce parking in the future. When this occurred, the parking capabilities would be eliminated from the facility. After hearing the discussions and concerns of the Counc1.1, staff has gone back and relooked at the options. Since there seems to be a need for parking along the entire length of the street, staff would suggest alternative 03. This would allow the construction of a 37' section at frill depth and ail 8' section for larking at a lesser depth. Initially this sectio)i could be marked and striped as a two-way section with parkins, on one side. This alternative would also save us $28,000. 1). the summer of 1987, we will begin rebuilding Oak Street and a similar section could be built. When both streets are completed, the Council would then have the option of changing the traffic patterns in the area to a one-way couplet which would still allow par!•.ing on one side of each street. We would then be able to meet the demands o£ the future growth to the west side of the City and still allow for parking for commercial and residential needs of the citizens along these new facilities. We will have a strip map and other information available for the Council at their meeting. We would be happy to try and answer a-,ry further questions that they might have. Rick ve a Assistant City Manager Attachment ji 3144M I low 11 ~ , 'via _JI ' Cr7 , A-1 ,I1r aw .3 1 , Ali x FAA J 1 + "Wr - ~ ~ - l if IC.`_ :r~ 1 ,77 s I WWI w~rr' ~f r Opp" rt_. L... f 1~ r ~ I r Il J1. l r•.. oil 11 1!1 pp I 4 r~mrAmmer.mm"m~ ~J 1• iJL,.1 J~.. J~~ ~M « r •IF J aC\ ' / ~ it - 7l ~ li ~ ■ 7~.X. VIA. i am= ~ ~ r'''te. 1 IV- yy~~ ' ♦M ~1 1 ' 1 lVMYWO • ~'~r~ Y , 1 4w, A4 FROM I City council Minutes 1 July 1~a, 1986 The Council convened into the Work Session at 5:30 p.m. In the Civil Defense Room of the Municipal Building. PRESENT: Mayor Pro Tem Alford: Council Members Chew, McAdams, Hopkins and Riddlesperger City Manager, City Attorney and City Secretary ABSENT: Mayor Stephens was out of town on an historical tour, Council Member Alexander was delayed due to business • 1. The council convened into the Executive Session to discuss legal matters. 2. The Council received a report and discussed the status of the lFase agreement and litigation between the City of Denton and Maverick Aircraft, Inc, under the Executive Session. The Council convened into the Work Session at 6;15 p.m. 3. The Council received an interim report from the Economic Development Task Force, Mr. Jack Miller, Chairman of the Economic Development Task Force, reported that the members of the group were Gilbert Bernstein, Derrell Bulls, Chuck Carpenter, Jerry Cott, John LawhOn, Charldean Newell, Mary Evelyn Huey, Al Hurley and Bob McGee. council Member Alexander joined the meeting, Miller reported that it was recognized that the City was coming to a point in economic, development where it was needed to sit down and look at the whole issue. The task force had met with the City Council in February and since then had met with several qroups and individuals to discuss economic development for Denton - past, present and future. The group her) met with City officials, Texas Power and Light, Lone Star Gas, representatives from the railroads, and developers and asked them what was positive and/or negative about Denton. on the positive side it was felt that Denton , an outstanding quality of life, a diversity of industry and good educa- tional and medical facilities. It was further felt that Denton was competitive with other area cities and had a "can do" spirit. on the negative side the quality of life could erode! Texas currently had a 10.66 unenployment rate which had affected the entire statel Denton was locate, in a highly competitive areas there was also a perceived problem with Denton not being part of the transportation (trade) zone in relation to freight rates little land was available with utilities and buii•dings already in place. Due to the US and state economy, it was • i a buyers market and the city would have to actively seek out p -cote. Denton was going to have to be more active and pro-growth, Denton was in danger of becoming a 'bedroom commu.iity." The task force felt the timing was righf- for a full time economic development director and an office which would be a partnership between the public and private sectors. They would recommend that an Economic Development office be located at the Chamber of Commerce with 113 of tho funding being borne by t1. C'ty and 2/3 being borne from the private sector. At this time, zma 'cask force was asking for rei.c- tions and input from the COV174il as well as A commitment from the public sector before solicttimx f~!nrla frvm the private sector, Council Member Chew stated that he was pleased with the teport. He was very much pro economic development for Denton and felt this was a needed step. Council Member Riddlesperger complemented the teak force and stated he felt there was a need for a full time professional economic development person now. City of Denton C_ty Council Minuted Meeting of July 15, 1986 Page Two Council Member Hopkins stated that economic development was one of the Council's concerns. Council Member Alexander stated that the establishment of an eco- nomic development office was a step that needed to be taken and the council should make a h'.gh priority commitment. Thure should be an exchange of ideas and comments over the next 5 to 10 years between the City and the Chamber of Commerce. Dr. Derrell Bulls, representing thb chamber, stated that the Chamber appreciated the opportunity to work with the city council to main- taLn the quality of life in Denton, Council Member Chew suggested a joint meeting be held with the Public Utilities Board at the next work session to discuss the funding for the project, Mr, Guy MacCracken, an industrial engineer, addressed the Council and stated that the city was not projecting the image of being industrially minded. 9. The Council received a roport on the proposed vicious cat and dog ordinance, City Manager Lloyd Harrell reported that the development of this ardirance was precipitated by a series of attacks by dogs. The Council had begun to question if the present ordinance was stringent enough. The ordinance before the Council was a draft to be discussed, Debra Drayovit^h, City Attorney, reported that she had been advised by the Council to prepare an ordinance to the maximum penalty allowed. she then presented a table of the major changes in the present aii.9 proposed ordinance, She felt the remedy Por vicious dog attacks should be through civil court without the City being involved. Another remedy was to hold a hearing for the pet owner and have the dog removed from the city limits. The proposed ordi- nance would allow for the destruction of the animal. The present ordinance stated that the dog must have vicious propeneitie^l in other words, must have bitten before, This provision was not in the proposed ordinance) the hearing officer would make the determination if the dog was vicious. The present ordinance was limited to only dogs while the proposed ordinance covered dogs and cats. Also, the present ordinance did not have a time limit on when a compliant could be filed after an incident) the proposed ordinance stated that a complaint must be filed within 10 days after the attack, Current- ly, the City Manager was the hearing officers the proposed ordinance would specify the City Manager or his designee could appoint a hearing officer, The current ordinance had no provision addressing the right to appeal. The proposed ordinance would allow for the owner to appeal the decision of the hearing officer in District Court within 5 days, Drayovitch then cited the portion of the ordinance which delineated what would constitute ordering the destruction of the animal. Council Member McAdams asked if the present ordinance did not deal with this problem adequately. Council Member Chew responded that the present ordinance gave the animal one "free bite' to establish vicious propensities, There was nothing in the present ordinance which allowed for the destructioi, of a harmful animal. It was impossible to regular the provision that the animal be removed from th,s City limits. Council Member McAdams suggested that a substantial fine might be levied on the pet owner for each day the animal was not removed from town, Council Member Alexander stated that proposed ordinance might be modified so thiit the hearing officer make the determination of who paid the fees if then charges were found to be frivolous. City of Denton City Council Minutes Meeting of July 15, 1986 Page Three The Council was to hold a discussion of request of the Tommy Corporatkon for annexation of approximately 23.6420 acres of land beiny par: of the Gideon Walker Survey, Abstract 1330, and beginning adjacent and north of Edwards Road approximately 1f2 mile ease of Mayhill Road and 112 mile west of Swisher Road toe the purpose of determining whftLher to begin the annexation process. A-41 Time did not allow for the holding of this discussion. ' The Council then convened into the Regular Meeting at 7100 p.m, in the Council Chambers. 4RESENTI Mayor Pro Tem Alfordi Council Members Alexander, Chew, McAdams, Hopkins and Riddlesperger City Manager, City Attorney and City Secretary ABSENTS Mayor Stephens was out of town on an historical tour 1. The Council held a presentation of awards for beautifi- cation effort to the City to Mr. Tom Irby in the residential category and Mr. Montt) Mason, Jack Schmitz and Son Funeral Home, in the ,;ommercial category. Bob Tickner, Superintendent of Parke, presented the award to Mr. Trm Irby, Mr. Monte Mason was not present to receive the award for oaC4 Schmitz and Son Funeral Home. 2. The council held an appearance by Mr. Don Whitmore regard- 4ng the City of Denton utility bill;ng system. Mr, Don Whitmore appeared before tho Council and stated that he had lived in Denton for 11 years and was a graduate of North Texas State University, even though he was on an average billing plan, he tied received past due notices and cancellation notices relating to the and of the year adjustment bill for his utilities. He felt that the notification slips wets bad public relations for the City. 3. The Council considered approval of a request by Mr, and Mrs. William A. Elliott to waive a pr,, rata fee. Mrs. Elliott stated that they had purchased a house on Mayhill Road in order to move in with and take care of her mother, At the timo they bought the house they were told they could have City of oenton water. They had called the City about getting water and were told that they could tie on to the system. As a result of this, they had signed away the rights to an existing well. When they were ready to have City water, they were then told there would be a pro rata f.ew charged. As this was an expense which they had not planned for, they were hoping for some type of compromise or a waiver of the fee, Debra Drayovitch, City Attorney, reported that, as a general rule, it was not legally appropriate to waive requirements mandated by ordinance, City Manager Lloyd Harrell repotted that staff had tried to work with the Elliotts and apologized for any breakdown in communica- tions, It would be possible to let the Elliotte tie on and then work out a payment plan for the pro rata charges. Bob Nelson, Director of Utilities, reported that staff got calls every day from developers and realtors regarding utility service, After the Elliotts had called and given the address to the water utility, it was discovered that the extension of service would require a pro rata fee. In an attempt to prevent this type of problem in the future, procedures had been changed so that a plat of the property was requirsc! prior to determining whether or not utilities could be extended or if there was a pro rats fee or not. City of Denton City Council Minutes Meeting of July 15, 1986 Page Four 4. Public Hearings A. The Council held a publ . na.iring on the petition of Ed Green and Rick Moore requesting a change in zoning from the agricultural (A) district to the two family (2F) classification on a 7.366 acre tract located on the south aide of East McKinney Street (FM 426) approximately 1,200 feet east of Woodrow Lane. The pro- perty is more particularly described as a tract in the T.M. Downing Survey, Abstract 346, If the request is approved, the property may • be utilized for any purpose permitted in the two family district by the City of. Denton zoning ordinance. Z-1809 The Mayor opened the public hearing, No one spoke in favor, No one spoke in opposition, The Mayor closed the public hearing. Denise Spivey, Urban Planner, reported that 6 reply forma had been mailed with 1 returned in favor and 0 in opposition, This request was to change from agricultural to two family zoning for the purpose of building duplexes. The parcel was located in a low intensity area which, by the Denton Development Guide, should be primarily for residential uses. The area was 14% Over standard under current zoning. The proposed land use was compatible with surrounding uses and provided an acceptable transition from multi-family to e!,ngle family. Council Member Alexander asked if there was a potential drainage problem, Spivey responded that drainage improvements would be included in the off-site improvements required, The Engineering staff had recom- mended the drainage be taken to a drainage channel. The developer would provide a plan and pay for the improvements, This would be taken care oC during the platting proceast platting must be com- pleted prior to the issuance of building permits, 1, The Council considered adoption of an ordinance approving a change in zoning on a 7,366 acre tract located on the south side of East McKinney Street (FM 426) approximately 1,200 feet east of Woodrow Lane. The following ordinance was presented3 NO. 86-135 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED A3 AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 7,366 ACRES OF LAND OUT OF THE To M. DOWNING SURVEY, ABSTRACT NO. 346, AS IS MORE PARTICULARLY DESCRIBED HEREIN! TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO TWO-FAMILY "2-F" CLASSIFICATION AND USE FOR SAID PROPERTYf PROVIDING FOR A MAXIMUM PENALTY OF 1400 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE! AND DECLARING AN EFFECTIVE DATE. On roll call vote, McAdams "eye," Alexander "eye," Hopkins "aye," Riddleaperger "aye," Chew "aye," and Mayor Pro Tem Alford "aye." Motion carried unanimously. B. The Council held a public hearing on the petition of Holbert-Wyatt Volkswagen, Inc. requesting a change in zoning from the agricultural (A) to the commercial (C) district on 6.114 acres I City of Denton city council minutes Meeting of July 15, 1986 Page Five located on I-35 South, south of Pockrus Road and south of the M.K,6T, Railroad. The property is more fully described in the Gideon Walker Survey, Abstract 1330, If approved, the property may be utilized for any purpose permitted in the commercial district of the City of Denton zoning ordinance, 2-1812 The Mayor opened the public hearing, Mr, Jim Hensworth, representing Holbert and Wyatt, spoke in favor stating that instead of 6 acres, only 4.02 acres of the parcel would be used for commercial property. The petitioners had met with the City staff in the predesign phases regarding utilities and zoning. Staff had preferred the petitioner request planned development zoning, one vequirement was a 25 feet setback on the propertyr however, due to the shape of the lot and other utility easements, this setback would not allow for a parking strip in front of the business. His clients were requesting straight commercial zoning. If this petition were approved, there would be 2.09 acres in phase two of the development as commercial, There was no site plan for the property at this time. Council Member Riddlesperger asked what type of easements was Mr. Hensworth referring to. Hensworth responded Texas Power and Light, etc, Council Member McAdams stated that the reason for preferring a planned development was to protect the city should the property change hands prior to actual development. Setbacks, however, were normally negotiable. Hei,aworth stated that his clients could not build any structure on the easement property but did noed the parking strip in front of the automobile dealership, Mrs. H. W, Pockrus spoke in favor stating that she owner] a business in this area and felt this would be a good addition, No one spoke in opposition. The mayor closed the public hearing, Cecile Carson, Urban Planner, reported that the parcel was located in a low intensity area with high intensity to the north and north- west and moderate intensity to the south. The proposal was for straight commercial zoning on the entire 6 acre parcel. There had been some confusion regarding the staff's recommendation for a planned development. The issue was land use and not the easements, The proposal as presented was acceptabler however, the concern was for commercial zoning on a major thoroughfare. Council Member Alexander asked what the time delay would be if the petitioner were to change the request from commercial to planned develupment. Carson responded that the request, could go before the Planning and zoning commission in August. Staff could double advertise and the petition would be back to the City Council in late August. Council Member McAdams stated that she was not questioning the commercial use as presented, but the property could sell, if the petitioner were to agree to request planned development zoning, would it be legally correct not to require the request to go back through the entire process, Debra Drayovitch, City Attorney, responded that a planned develop- ment was totally different from commercial zoning and the request would have to go back to the Planning and zoning Commission, { City of Denton City Council Minutes Meeting of July 15, 1966 Page Six Chew motion, Riddlesperger second to approve the commercial zoning for the 4,02 acres. Motion carried 5 to 1 with Council Member McAdams casting the 'nay" vote. C, The Council held a public hearing on the petition of Dr. Bill Cudd requesting a change in zoning from the single family (SF-10) district to the planned development (PD) classification on an 18.24 acre tract located at the northeast corner of U.S. Highway 380 ar.d Old North Road. The property is further described as a • tract in the Caswell Carter Survey, Abstract 275, and the R. B. Longbottom Survey, Abstract 775. If the planned development is approved, it will permit the development of an office park, Z-1814 The Mayor opened the public hearing, Dr, Bill Cudd, the petitioner, requested that the public hearing be postponed until August 5 as there was not a full Council present. Riddlesperger motion, Chew second to continue the public hearing on August 5. Motion carried unanimously, D, The council held a public hearing on the petition of Don M. Bryant requesting a variance of proviaionm of the City of Denton Subdivision and Land Development Regulations requiring sidewalk, paving, curb and gutter, and drainage improvements for perimeter streets adjacent to proposed subdivisions. Two 3.0 acre lots located adjacent and west of Hickory Hill Road between Gibbons Road and FM 1830 are proposed. The property is located in the City of Denton's area of extraterritorial jurisdiction (LTJ) and single family development is anticipated. V-30 Ms. Alice Creamer spoke in favor stating that she had sold this property to Mr, Bryant. At the time of the sale, she had contacted David Ellison of the City staff and had been informed that a survey of the property was needed, Mr. Ellison had asked if roads were to be cut and she had responded no. Mr. Don Bryant, the petitioner, spoke in favor stating that he was co-owner of the property. It was his intention to 'wild only no home on the property in which he would live. In March he had called the city regarding what he would have to do to obtain a building permit. He was told that the property would have to be platted. The first plat was submitted in April. All questions had been addressed except the road issue. He had made every effort to comply with the subdivision rules and regulationer however, he was request- ing a variance due to the financial hardship involved with putting in a City standard road. He had received bids of $19,000 to 27,000 for the road work. The Planning and Zoning Commission had recom- mended to bond the ;oadt however, the coat would be over 35% of the value of the property, Council Member McAdams naked Mr. Bryant if he was aware that this was a standard requireme,;t for all developers and that if he did not pay for the road, all the taxpayers for Denton would have to, Mr, Dick Kelsey, attorney representing Mr. Bryant, spoke in favor stating that the property was located 8 miles from Denton at the outside edge of the extraterritorial jurisdiction line. There were no streets in the parcel. The City had no plans to annex this area in the foreseeable future. To require city standards for the road was far beyond the scope of the law, McAdams motion, Chow second to table the request. As the public hearing had not been concluded, the motion and second were withdrawn. y City of Denton City council minutes Meeting of July 15, 1986 Page Seven Mr, Dave Keenan, co-owner of the property, spoke in favor stating that when the land was bought, the adjacent property was also sold. A building permit had been obtained and a house was currently under construction on the adjacent property. There should be equal treat- ment. No one spoke in opposition. The Mayor closed the public hearing. David Ellison, Senior Planner, reported that if council did not feel that all technical and legal issues had been addressed, it would be appropriate to table the request for variance. McAdams motion, Chew second to table. Motion to table carried unanimously. 5. Consent Agenda McAdams motion, Chew second to approve the Consent Agenda as presented. Motion carried unanimously, Consent Agendas A, Bids and Purchase Orderer 1, Bid 4 9628 - McKinney Street sanitary sewer 2, Bid M 9629 - Truck tractor used 3, Bid / 9634 - Used refuse truck 4. Bid 4 9636 - Capacitors 5, Bid t 9637 - 500 MCM power cable 6. Purchase Order 4 73901 to Mr, Richard MCAlpin, Murphy and Rochester, in the amount of 115,080.22 7. Purchase order 4 74205 to North Texas Savings and Loan in the amount of $14,439.08 B, Plats and Replate: 1, Approval of final replat of Freeway Park Addition, Lot 48, Block A, (The Planning and Zoning Commission recommends approval.) 2. Approval of preliminary plat of the Hannah Estates Addition, Phase IV, Block 1. (The Planning and Zoning Cr,mmiision recommends approval.) 3. Approval of preliminary plat of the Sun Country Addition, Lot 10 Block 1, (The Planning and Zoning Commission recommends approval.) C, Change Orders 1. Change Order to Calvert Paying Company for the Yellowstone drainage project in the amount of $14,495.00 (Bid f 9575, Purchase Order 1 72432 in the original amount of $666,886.42) 6. ordinances Agenda item 6.H was moved forward in the agenda order. ' I City of Denton City Council Minutes Meeting of July 150 1986 Page Eight H. The Council considered adoption of an ordinance amending Article iI of Chapter 4 of the Code of ordinances of the City of Denton, Texas; by amending the procedures relating to vicious cats and dogs; providing for the impoundment thereof; providing for the destruction thereof upon notice and hearing; providing for a penalty in the maximum amount of $200.00 for viola- tions thereofj and providing for a severabllity clause. Dr, Nat Adams stated that the proposed ordinance had a bias against dog owners and she felt that false accusations of vicious cats and doge would arise. The provision regarding examination of the victim's wounds by a physician was not workable unless the accuser must pay. Regarding confinement of a suspected vicious animal, there should be a provision for sick animals who needed treatment during confinement. The term "viciousness" was not well dtfined. She felt the burden of proof should be on the accuser, Any dog could biter but one bite was not enough to call the animal vicious, Council Member Chew responded that the ordinance applied to animals who were at large, Me, Vickie Christianson, President of the Denton Humane Society, stated that anyone could file a complaint as it was not required that the victim be involved, A preliminary investigation should be required to ascertain if the incident warranted the impoundment of the animal. The discrepancy between the phrases 'at large" and stray" needed to be clarified. There was alai a problem with the payment of the impound and court fees if the animal were found not to be vicious. The proposed ordinance had no provisions to address the severity of the bites; there were different degrees of bites. Council Member Riddlesperger asked about the need for a preliminary investigation of any dog bite incident prior to beginning the hearing process. Debra Drayovitch, City Attorney, reported that her staff had looked at eight or so other ordinances and not one had included a prelimin- ary investigation; additional personnel would be required to conduct such invastigations, Mr, Mark Wiser stated that his daughter had been attacked by a dog. While he did not hate animals, there seemed to be a bias in favor of the criminal and not the victim. Under the current ordinance, the last recourse was to have the animal removed from the City limits which, in effect, shipped the problem to another City. In the proposed ordinance, he did not feel that an Animal Control officer would be the appropriate hearing officer, Me. Vera Knobe stated that she owned a Doberman and German shepherd for protection. If a complaint was filed, it would be difficult to prove that the attack animal was not your dog, Mr. Acker stated that the intent of the current ordinance wac to remove the dog, and he felt the pet owner should be given a chance first and a subsequent attack would warrant the destruction of the animal. He further felt that the paymenk of the fees associated with holding an animal pending a hearing wa,- unfair. Should the animal be found innocent of the charges, the owner still had to pay the fees and he felt this was punishing the innocent to get to the guilty. The proposed ordinance did not address the issue of provo- cation of an animal; in his opinion, if provoked, the animal would be defensive, not vicious. There were massive opportunities to abuse this ordinance. Mr. Acker suggested that a medical doctor and veterinarian be brought in as consultants for a rewrite of the ordinance, Mr, Doug Wolfe stated that a leash law was already in place, If that ordinance had been enforced by Animal Control, there would not have been a problem. The current ordinances should be enforced. City of Denton city council Minutes Meeting of July 150 1996 Page Nine City Manager Lloyd Harrell reported that the current ordinance had been enforced in regard to the last dog bite incident. The animal had been picked up and brought in to Animal Control and the owner had been fined, Mrs, Antonilli, Emerson street, stated that she felt the current ordinance should be enforced, Me. Michele Baldwin stated that no one wanted a vicious dog. If her dog were impounded and contacted parvo o.r heart worms and subse- quently died prior to a hearing and was then found innocent, would the City replace her dog? Mr. Steve Johnson, guard dog trainer, stated that many of the attack dogs which werr used for protection were very expensive animals, It would be easy for a person to file a complaint on one of these dogs thereby having the animal impounded for 10 days and leaving the owner defenseless. Alexander motion, Riddlesperger second to table the ordinance. Council Member Chew asked if the Veterinarian Association, Humane Society and Mr. Weisner could give input to the City staff on their views prior to the ordinance coming before Council. Debra DrayoviLch, City Attorney, reported that a task force could be formed including these groups in reviewing the proposed ordinance prior to Council consideration, Motion to table carried unanimously. The council then returned to the regular agenda order. A. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materiala, equipment, supplies or services. The following ordinance was presentedi NO. 86-136 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOREI AND PROVIDING FOR AN EFFECTIVE DATE, McAdams motion, Chow second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye," Chew "aye," and mayor Pro Tom Alford "aye." Motion carried unanimously. S. The council considered adoption of an ordinance accepting competitive bide and providing for the award of contracts for public works or improvements. The following ordinance was presented: N0, 86-137 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOREi AND PROVIDING VCR AN EFFECTIVE DATE. McAdams motion, Chew second to adopt the ordinance, On roll call vote, McAdams "aye," Alexander "aye," Hopkins "aye," Riddlesperger "aye,` Chew "aye," and Mayor Pro Tom Alford "aye," Motion carried unanimolaaly. City of Denton city council minutes Meeting of July 15, 1986 Page Ten C, The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bide. The following ordinance was presented; NO. 86-138 " AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCC WITH THE PROVISIONS OF STATE LAW EXL:MPT:NG SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS1 AND PROVIDING FOR AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye," Alexander "aye,' Hopkins "aye,' Riddlesperger 'aye,' Chew 'aye," and Mayor Pro -rein Alford 'aye," Motion carried unanimously, D, The Council considered adoption of an ordinance approving a specific use permit for a day care center in a single family ($F-7) zoned area located east of Audra Lane and north of Paisley Street and more fully described as lot 22, block B, Lee Meadows Addition, Section I, 5-190 The following ordinance was presented: N0,86-139 3N ORDINANCE GRANTING A SPECIFIC USE PERMIT FOR A DAY CARE 0 NTER) PROVIDING FOR THE REFERENCING OF SUCH USE ON THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE N0. 69-11 AND AS SAID MAP APPLIES TO APPROXIMATELY 0.84 ACRES OF LAND IN THE CITY AND COUNTY OF nLNTON, TEXAS, BEING LOCATED ON THE EAST SIDE OF AUDRA LANE, NORTH OF PAISLEY STREET) PROVIDING FOR A MAXIMUM PENALTY OF #1,000.00 FOR VIOLATIONS THEREOFI PROVIDING FOR A SEVERABILITY CLAUSEI AND DECLARING AN EFFECTIVE DATE, Hopkins motion, McAdams second to adopt the ordinance, on roll call vote, McAdams "eye," Alexander "aye," Hopkins "aye,' Riddlesperger 'aye," Chew .aye," and Mayor Pro Tem Alford "aye." Motion carried unanimously. E. The Cnnncil considered adoption of an ordinance and service plan annexing approximately 66,42 acres situated in tho Moreau Forrest Survey, Abstract 417, and beginning adjacent and east of Geesling Road, south of U.S. Highway 380 East, and west of Trinity Road. A-36 The following ordinance was presented: NO, 86-140 AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS) BEING ALL THAT LOT, TRACT OR PARCEL OP LAND CONSISTING OF APPROXIMATELY 66.42 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS ANU BEING PART CAP THE MOREAU FORREST SURVEY, ABSTRACT NO, 4171 DENTON C'OUNT4', TEXAS) CLASSIFYING THE SAME AS AGRICULTURAL 'A" DISTRICT PROPERTY) AND DECLARING AN EFFECTIVE DATE. McAdams motion, Hopkins second to adopt the ordinance. On roll call vote, McAdams "aye,' Alexander 'aye,' Hopkins "aye," Riddlesperger "aye," Chew "eye," and Mayor Pro Tem Alford "aye." Motion carried unanimously, City of Denton City Council Minutes Meeting of July 15, 1986 Page Eleven F. The council considered adoption of an ordinance Betting a date, time and place for public hearings concerning the propoued annexation of approximately 232.64 acres of land being part of the G. Walker Survey, Abstract No. 1330, and part of the W, Durham Survey, Abstract No. 300, and beginning at a point approx- imately one mile south of FM 426 (East McKinney) and 1 1/2 miles north of I-35E. A-37 The following ordinance was presunteds NO. 86-141 AN ORDINANCE SETTING A DATP., TIME AND PLACE FOR PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY AS DESCRIBED IN EXHIBIT 'A" ATTACHED HERETO BY THE CITY Of' DENTON, TEXAS, AND AUTHORIZING AND DIRECTING THE MAYOR TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS. Alexander motion, McAdams second to adopt the ordinance with the dates for the public hearings set for August 5 and August 19. On roll call vote, McAdams 'aye," Alexander "aye," Hopkins 'aye,' Riddlesperger 'aye," Chew "aye," and Mayor Pro Tom Alford 'eye.' Motion carried unanimously. 0. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for angle parking on the north side of Walnut Street from Elm to Locust Street, prohibiting parking on the south side of Walnut Street from Elm to Locust Street, providing for 30 minute parking on the west side of Locust street from Walnut to Mulberry. Rick Svehla, Assistant City Manager, reported that a number of complaints had been received regarding the congestion on Walnut Street. Staff had considered removing all parking as well as angle parking, Mr. Charles Muirhead stated that he owned a business on South Elm and the problem was traffic density rather than parking. The mayor sources of congestion were the delivery v9hicles at Ellingtona and Denton County Independent Hamburger Company and the drive-through customers at the First State Bank. Due to the location of his business, the removal of parking would put him out of business. Another option might be to make Walnut Street one-way from Locust to Elm or to postpone taking any action until the First State Bank moved the drive-in windows to their new location and see what impact that would have on the congestion. Alexander motion, Chew second to table this ordinance for an indefi- nite period of time. Motion to table carried unanimously. I, The Council considered adoption of an ordinance approving a contract between the City of Denton, Texas and W. P. Willis consulting engineers to provide engineering services for airport improvements. Clint Lynch, Airport Manager, reported that the FAA had awarded a grant to the Denton Municipal Airport contingent upon the design, specifications and bids for the project. This ordinance would allow the process to begin. The following ordinance was presented: NO, 86-142 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF DENTON, TEXAS, AND W. P. WILLS CONSULTING ENGINEERS TO PROVIDE ENGINEERTNG SERVICES FOR AIRPORT IMPROVEMENTS) APPROVING THE PX PENDITURE OF FUNDS THEREFORE) AND PROVIDING FOR AN EFFECTIVE DATE. City of Denton City Council Minutes Meeting of July 15, 1986 Page Twelve Chew motion, McAdams second to adopt the ordinance. On roll call vote, McAdams 'aye,' Alexander 'aye," Hopkins "aye,' Riddlesperger "aye," Chew 'aye," and mayor Pro Tom Alford 'aye.' Motion carried unanimously. 7. Resolutions A, The council considered approval of a resolution In support of H.R. 1400 to reauthorize General Revenue Sharing. e The following resolution was presentedt R E S 0 L U TM I 0 N WHEREAS, general revenue sharing has, since 1972, provided a predictable and stable source of funding to 390000 of this nation's local governments, including Denton, Texast and WHEREAS, cities have used general revenue sharing to provide basic services such as public safety, health, and edurrtiont and WHEREAS, the authorization for general revenue sharing will expire on September 30, 1986; and WHEREAS, the movement on tax reform threatens to inhibit the ability of cities to generate municipal financing) and WHEREAS, the burden of housing, feeding, educating, caring for and protecting this nation's poor to increasingly falling to this nation's citiesr and WHEREASp general revenue n,haring has proven to be the most efficient and helpful of all federal programs upon which cities have come to rely; NOW THEREFORE be it resolved, that the Denton City Council #trongly opposes elimiiation or further reduction of the General Rovenue Sharing programs the Community Development Block Grant program, and support to low and moderate Income housing. BE IT FURTHER resolved, that the Denton City Council strongly supports legislation which would reinstate general revenue sharing including H.R. 1400. BE IT FURTHER resolved, that the Denton City Council encoutages the citizens of Denton, Texas to inform themselves of the position of their Congressional delegatl,on on these issues that could directly affect their local tax burden. FINALLY, BE IT resolved, that v..he Mayor of the City of Denton, Texas, be directed to convey the foregoing Resolution to the members of the Texas Congressional delegaiiion, including Senators Gramm and Bentsen. PASSED AND APPROVED this tae 150 day cf July, 1986, JO ALF RD, MAYOR PRO TEM CITY OF DENTON, TEXAS ATTESTt CHARLOTTE ALLEN, CITY SECRETARY CITY OP DENTON, TEXAS City of Denton city council minutes meeting of July 15, 1986 Page Thirteen APPROVED AS TO LEGAL FORM: JOE D. MORRIS, ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS BY: Riddlesperger motion, Chew second that the resolution be approved. On roll Call vote, McAdams "aye," Alexander "aye," Hopkins "aye," RiddJ.esperger "aye," Chew "aye," and Mayor Pro Tom Alford "aye," " Motion carried unanimously, a, The Council considered approval of a resolution authorizing the appointment of a citizens committee on Capital Improvements Projects and establishing a charge to the committee. The following resolution was presentedt R E S O L U T 1 0 N WHEREAS, in accordance with the City Charter of the City of Denton, Texas, the Planning and zoning Commission has submitted a list of recommended capital improvements to be undertaken in the next five yearel and, WHEREAS, implementation of the capital improvements plan is an essential element of the goal of maintaining the quality of life of the community by providing for the necessary infrastructure, improvements and Lirvices to adequately serve the communityt and, WHEREAS, the City Council has determined that it would be advisable to create a Special Citizens Advisory Committee to provide recommendations on the manner of implementing the capit l improve- ments plan= NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESt SECTION I, That a Special C'9izens Advisory committee shall be appointed to make recommendations to the City Council on the manner of implementing the City's five-year capital improvements plan. SECTION II, That the Special Citizens Advisory Committee shall be composed of such persons of the community as specified by the Council and shall perform its functions in accordance with the intent of this resolution, as directed by the council. SECTION III. That 6his resolution shall become effective immediately upon its passag,a and approval, PASSED AND APPROVED this the 15th day of July, 1986 JOE ALFORD, MAYOR PRO TEN CITY OF DENTON, TEXAS ATTESTt CHARLOTTE ALLEN, CITY ECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt JOE D. MORRIS, ASSISTANT CITY ATTORNEY CITY OF DENTON, TEXAS BYt City of Denton city council Minutes Meeting of July 15, 1986 Page Fourteen Alexander motion, Chew second that the resolution be approved. On roil call vote, McAdams 'aye,' Alexander "aye,' Hopkins 'aye,' Riddlesperger "aye," Chew "aye,' and Mayor Pro Tam Alford 'aye.' Motion carried unanimously. B. The Council considered appointment of a Deputy City Secretary, Chew motion, McAdams second to appoint Bryan Stuart, Adi,Anistrative Assistant in the City Manager's Office, as Deputy City Secretary. Motion carried unanimously. 9. The Council received a report on miscellaneous matters from the City Manager, City Manager Lloyd Harrell reported that he had spoken with Dr. Roland Vela and it was Dr. Vela's evaluation that the TMPA < lawsuit was going well. The TMPA Board of Directors had adopted their budget and Dr. Vela further extended his thanks to the City Council for his reappointment to the Board. Also reported was that the Denton County Traffic Study would be up for discussion on July 24. One item of discussion and opposition was the roadway from Denton to the DPW Airport. The Council needed to go on record again as supporting this roadway. Council Member Riddlesperger stated that this particular roadway would and should be a top priority. 10. New Business The following items of new business were suglo5ted by Council Members for future agendas: 1. Council Member Chew asked for a joint Public Utilities Board and City Council meeting 2. Council Member Riddlesperger asked that the appointment of the hospital advisory council be expedited 3. Council Member Hopkins asked staff to prepare a report on alternative voting methods, such as push button The Council left the regular agenda order and considered item 15 from the 5:30 p.m, Work Session (discussion not held at 5:30 p.m, dae to lack of time), 51 The Council held a discussion of request of the Tommy Corporation for annexation of approximately 23,6420 acres of land being part of the Gideon Walker Survey, Abstract 1330, and beginning adjacent and north of Edwards Road approximately 1/2 mile east of Mayhill Road and 1/2 mile west of Swisher Road for the purpose of determining w,iether to begin the annexation process. A-41 David Ellison, Senior Planner, reported that in January Tommy corporation had requested annexation of a parcel of property in this area. The tract was annexed and zoned for a planned development. Tommy corporation was now requesting annexation of another trait and would b(• requesting single family zoning, consensus of the city Council was to begin the annexation proceed. The Council moved item 14 from the later Work Session ahead in the agenda order, 4. The Council received a report on zoning requests in the Hickory Ctyek area. F7, 7177W City of Denton City Council Minutes Meeting of July 150 1986 Page Fifteen David Ellison, Senior Planner, reported that major development proposals were being received in this area. The owners were seeking 4 or 5 separate zoning petitions. There was limited general retail zoning being requested but rather mostly single family (SF-7 and SF-10). This was a low intensity area and Mr. Compton already had been granted general retail zoning for his property. Staff had requee-toad 50 feet setbacks due to the proposed southern extension of Loop 288. The owners did not want planned development zoning as they had stated that they would have the property zoned and then • sell to developers. The planned development zoning would be too restrictive. The Council reconvened into the Work Session in the Civil Defense Room of the Municipal Building. PRESENT: Mayor Pro Tem Alford) Council Members Alexander, Chew, McAdams, Hopkins and Riddlesperger City Mnnagar, City Attorney and City Secretary ABSENT; Mayor Stephens was out of town on an historical tour 1. The council received a report on the proposal for the Denton Health Department. City Manager Lloyd Harrell reported that Paulette Holmes had provided extensive background information for the Council. The four recommendationF were: 1. write to the County and express an interest in contracting for the next fiscal year in the amount of $125,000 2. offer a counter proposal 3. appoint a tank force to look into the City providing their own environmental and maybe clinical health services 4. the County should restructure the health services program so the cities had more direct input 2. The Council received a report and considered further action on the holding and disposition of animals received at the City of Denton Animal Control Center from non-city residents. Bill Angelo, Assistant Director of Public Worke, distributed written material showing the cost figures for the Animal Control Center. He further reported that conditions were crowded and officers had to be brought in from the field to assist in euthanasia and cleaning of kennels. Staff recommended termination of the ;urrent funding program, with proper notification to the County and the cites in the County which were using the Denton center. The County had agreed to give $400000 to expand the current Animal control center. Staff was presently negotiating with other cities, such as Sanger and Corinth. J. The Council received a report on the proposed smoke detector ordinance. Debra Drayovitch, City Attorney, reported that she had reviewed the state statutes and the current city ordinance. There were four remedies which were all tenant-oriented. The landlord must install the smoke detectors or could be fined $1,000. This was an addition- al enforcement procedure. 5. Thrr Council reconvened into the Executive Session to discuss Personnel/Board Appointments Under Sec. 2(g), Art 6252-17 V.A.C.S. 6. The Council reviewed and continued the selection process for the Municipal Judge under thecxecutive Session. City of Denton city council minutes Meeting of July 15, 1986 Page Sixteen 7. No official action on Executive Session Items of iegal matters, real estate, personnel/board appointments was taken. With no further items of bustness, the meeting was adjourned. JO , ALFORD, MAYOR PRO TE CR RL TTE ALLEN, CITY E RETA 1660a City Council Minutes July 22, 1986 The council convened into the Special Called Joint Meeting of the City of Denton City Council and the Public Utilities Board at 5:00 p,m. in the Civil Defense Room. PREF,ENT: Mayor Pro Tem Alford) Council Members Alexander, McP hams and Riddlesperger City Manager, City Attorney and Deputy City Secretary ABSENT: Mayor Stephens was out of town on an historical tour council Member Hopkins Council Member Chew 1. The Council considered approval of a resolution expressing opposition to the proposed merger of North Texas State University and Texas Woman's University. Mayor Pro Tem Alford asked if there was any discussion. McAdams motion, Riddlesperger second that the resolution be approved, Council Member McAdams read the following resolution: R E S O L U T I O N WHEREAS, the autonomy of the Texas Woman's University should be respected as well as that of North Texas State University) and WHEREAS, Denton, Texas, is a city of universities, each of its two great universities beinq important to the welfare and prosperity of the community) and WHEREAS, the two universities are the largest employers id the City of Denton) and WHEREAS, TWU is a statewide university with an excellent national and international reputation) and WHEREAS, the Texas Woman's University holas the distinctive position of being the largest women's university in the United States j, and WHEREAS, the Texas Woman's University College of Nursing is the largest nursing school in the United States) and WHEREAS, the Texas Woman's University School of Physical Therapy is the largest in the nation) and WHEREAS, the Texas Woman's University has the largest School of Occupational Therapy in the United States= and WHEREAS, there are numerous outstanding programs at TWU with distinguished faculty) and WHEREAS, 52% of the Texas Woman's University students are graduate students, further illustrating its unique service= and WHEREAS, the City Council is aware of numerous instances In which the two universities have, on their own accord, cooperated and entered into joint enterprises for their mutual benefit and for the benefit of the atate) and WHEREAS, both institutions in Denton have been success stories under their own distinctive, separate Boards of Regents) and WHEREAS, all of TWU's accomplishments have been under the Texas Woman's University's own dynamic Bears of Regents and own dynamic President, separate and apart from all other universities) ana city of Denton city Council Minutes Nesting of July 21, 1986 Page Two WHEREAti, the TWU Board of Regents is COMMitted to upholding the distinctive oharacter of the University and its mission) and WHEREAS, to diminish the autonomy of the Texas Woman's University would threaten the name, history, mission, traditions, and/or distinctive character of TWU; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXASt SECTION I. That the City Council of the City of Denton, Texaa opposes any effort to reduce the autonomy of the Texas Woman's University; and SECTION II. That the City Secretary is hereby directed to forward a copy of this resolution to the Governor of the State of Texas; the Lieutenant Governor of the State of Texas; the Speaker of the Houae of the State of Texast the Select Committee on Higher Education of the State of Texas; and the President of Texas Woman's University, SECTION III, That this resolution ahall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 22nd day of July, 1986, RAY STEPHENSt MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, C T CRETAR CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCHO CITY ATTORNEY CITY OF DFNTON, TEXAS BY: Linnie McAdams spoke of the good points of TWU. She shared that she ran into a new TWU student at the grocery store and the stuaent told her that the faculty and staff had been so very helpful. She recalled the help the university personnel gave to her when she was a student returning to school after being out of school for several years. She indicated that the faculty and staff made her educational experience a real pleasure and that TWU was a very special place for women, "Aside from that, just saying that it is a marvelous place to be, and it truly is, TWU does provide a unique service for women," She indicated that TWU offers women unique leadership opportunities that they might not have in any other university, "out of that have come some really tremendous women, who are leaders in our society today. TWU is the largest and the beat in several categories" stated Council Member McAdams, She further stated that Denton had two (2) excellent universities and did not see why we would want to, or should give up either one of them. City of Denton city council minutes Meeting of July 22, 1986 Page Three Council Member McAdams stated that TWU has no rival in its ability to offer educational opportunities for women, She stated chat there are certain things that can not be maintained if TWU and North Texas State University are merged. Council Member McAdams insisted that the services that TWU offers are needed and must continue to be offeree. "I for one do not want to as* us give that up, not for one second. We deserve it here in Denton, ano I want to see us keep it." Council Member Riddlesperger said he has known these institutions for fifty years. He received a degree from North Texas Teachers college in the 1930'x. He taught at both NTSU and TWU, He spoke of their differences and said the idea of consolidation does not make sense. He compared the combining of two different denominations of churches. He noted that the differences in emphasis on education needs to be separate. He stated that TWU fills a real need in education and sees ways that the community could be enriched through the two universities cooperating together but does not support the merger. He stated that this cause is important to all, Council Member Alexander said he woulu like to state his views on the subject, unbiasealy, He stated that Texas Woman's University is the reason why he is in Denton. He came to teach at TWU in 1980. He thought about the unique role the university had .o play in the history of Texas. He said TWU is a unique inatitut:on and deserves to remain autonomous for the welfare of the people of the State of Texas. He said he appreciated the comments of the Council and others. He urged all to continue to make the point clear to others across the state as the issues are dealt with at state level, Council Member Chew joined the meeting and stated that he too supports TWU and is opposed to the merger of TWU and NTSU. Mayor Pro Tom Alford said he wished it was possible for him to say the things that the others have said, He stated that there is another area that must be looked at, He Said the merger of TWU and NTSU would be devastating to the economy of Denton, Texas. That is why the Council must support the autonomy of TWO. He stated that we need TWU because of the number of people it employs, the dcllars in salaries that it brings to our community, the tax dollars that are spent by TWU faculty and staff, and the sales tax. Everything of the economy in Denton revolves around our universities. He said he does not want it to be one university, we need two universities in Denton. And that is why the Council feels that they must urge the citizens of Denton to support the autonomy of TWU, He stated that they need to go to Austin on August 81 to let the people know their feelings on the situation. We need TWU desperately. He said that buses may be sponsored by businesses or inuivioualb to go to Austin for support of TWU remaining autonomous. Council Member MCAdums stated that a TWU graduate has been scheduled to go on a shuttle flight and that young lady plans to take a banner from TWU. She said that TWU has done so much for her. Mayor Pro Tom Alford stated that he would like to recognize, before a vote is taken, that we have administration, faculty, staff, and students and that is a total covering of Lhe university people that are here. The vote was taken here. On roll call vote, McAdams "aye," Alexander "aye," Aiddlesperger "aye," Chew "aye," and mayor Pro Tom Alford "aye. Motion carried unanimously. Dr, Huey was asked to Comment on the issue. Dr. Huey expressed her gratitude for the support and concern expressed by the city Council and all who were in attendance. city of Denton city Council Minutes Meeting of July 22, 1486 Page Pour Mayor Pro Teas Alford made a motion to adjourn to the Civil Defense room to continue the meeting. 2. The Council held a discussion and consideration of funding for the proposed Economic Development Office. City Manager Lloyd Harrell presented background information. He stated that the City should actively promote economic development in Denton by 'going after it.' To that and, staff recommends a full time Economic Development Director be hired under the Denton Chamber of Commerce. He stated that funding would be 1/3 public (City) funds and 2/3 Chamber (private) funds, it is expected that the Chamber will provide the secretarial and staff support necessary for the proposed Lconomic Development Office as well as cities space, Mr. Harrell indicated that staff was very supportive of this proposal because: 1) Council wants economic development in order to help keep taxes and utility rates from rising. 2) It would help to keep Denton from becoming a "bedroom" community. 3) This recommendation would put a minimal strain on the City Budget. 4) The recommendation reflects research of other communities and the proposed arrangement has been very successful elsewhere. T;^e City Manger stressed that we must monitor the Public Dollar. The following conditions were discussed: 1) A Public Utility Board member and city Council Member should be on the Economic Development Advisory Board. 2) The City should show positive support for the chambers long term commitment, however the City will renew their financial commitment on a year to year basis. 3) The pledge of City funds must be seen as a sign for the Chamber to go ahead and raise the other 2/3, Mayor Pro Tem Alford agreed with the need to have input into this process and the fact that the City's financial commitment mus' be renewed each year. Council Member Chew stated that oconornic development is a "top priority" with the council. Council Member Alexander agreed. Council Member McAdams stated that in the current economy in 'T'exas you have to 'go get" to be successful. Roland Laney of the Public Utility Board stated that the PUB "wholeheartedly' supported this proposal but would like to see the safeguards that the City Manager expresser] implemented. He also stated that he would like to see that the City has more input into how money would be spent. Mr. Laney would like for the City to wait to release funds to the Chamber until the chamber had raised their part of the funding, me also supported the notion that the City renew its financial commitment on a year to yeat basis. Council Member McAaar stated that she woulA like to see new industry in Denton bf, ,use they might purchase electricity from the City, She suggeste,, that the council might also look at the Hotel/Motel Tax as a possible source of funding for the Economic Development office, She asked for suggestions for other funding sources, Mayor Pro Tem Alford stated that he knows of industries that are leaving the area and stated that we must take an active role in retaining them and suggested that the proposed Economic Development office would be a positive step. City of Denton City Council Minutes Meeting of July 22, 1486 Page Five Nancy Boyd of the Public Utility Board expressed her concern that "customer' money was being used and asked if the proposed funding could be taken from "tax" money. Council Member Chew stated that there was none available. Council Member Alexander stated that the proposed arrangement between the City and Chamber was not unusual and had been very successful in other Cities and continued by saying that we must compete with private utilities. He continued in support of the 1/3 City, V3 Chamber funding formula. He suggested that the Cities contributi m could be phased out over a number of years as the private sector became more active. He said that we must go ahead, and it must work. John Thompson of the Public Utility Board suggested that positive publicity would help to promote this concept by motivating the private sector and getting the public behind it. Council Member Alexander stated that we need the Economic Development Office and that he likes the idea of a partnership between the public and private sectors. He stressed the need to monitor the program and to be able to renew the City's financial commitment on a year to year basis. Council Member Alexander would like to see the City Council added to the list of bodies that the Chamber would report to in this area. Council Member Chew agreed but stated the the City must be willing to commit over the long run. He does not want the City t.- phase the Office of ECOnom+c Development out of its budget. 'We want people to come here. If they don't we won't be able to afford to live here ourselves. Taxes will be too high," Roland Laney of the Public Utility Board stated that the PUB would develop a resolution to bring back to the City Council in support of thin proposal and that they would provide this necessary funding. Council Member Chew "charged' the PUB to make a positive resolution, The Council then convened into the Special Called Meeting at 6:00 p,m. in the Civil Defense Room. PRESENT; Mayor Pro Tem Alford; Council Members Alexander, Chew, McAdams and Riddlesperger City Manager, City Attorney and Deputy City Secretary ABSENT: Mayor Stephens was out of town on an historical tour Council Member Hopkins 3, The Council received a presentation of proposals for auditing services for fiscal year beginning October 1, 1985 (FY 85-86). The Director of Finance, John McCrane provide background information. He stated that eight (8) Invitations to make presentations were sent out and that three (3) were returned. He stated that all fees are eetimatea and that all three proposals were for approximately $39,000, John briefly reviewed each proposal. The first presentation was by the Arthur Anderson group and their estimate of costs was $38,OO0. Council Member Hopkins joinad the meeting. city of Denton city council minutes Meeting of July 22, 1996 Page Six The second presentationk was made by the DeLoitte, Haskins, and Sells group. The third presentation was made by the Peat Marwick group. Chew motion, McAdams second to direct staff to prepare a resolution to appoint the DeLoitte, Haskins and Sells group as the new City Auditors. Motion carried 1 to 2 with Council Member Riddlesperger and Mayor Pro Tom Alford casting the 'nay' votes. Council Member Chew stated that he would like to see an audit commission created to report back to the City Council. The City Council the recognized Mr. Roland Laney of the Public Utility Board. The discussion returned to the consideration of funding for an Economic Development Office. Mr. Laney stated that he felt a need for more direct City control but again emphasized his feeling that this should be a partnership between the City and the Chamber. He stated that he felt that the agreement between the City and the Chamber should stipulate that the contribution from the City would be contingent on the Chamber raising their part of the money. The City Manager stated that he feared that if Council varied too far from the recommendation presented by the Economic Development Task Force, that the City council might jeopardize the possibility of getting this proposal off the ground, council Member McAdams stated that she agreed and that she felt that the City could have input into the Economic Development Office by designating a representative to the Economic Development Advisory Committee at the chamber and that the Council could reconsider its financial commitment in a year, Council Member Chew stressed that the city is only funding the proposal at a 1/3 to 2/3 ratio. Council Member Riddlesperger stated `hat he would like to study the information available but that he agrees with the basic premise of the proposal, Council Member Alexander felt that the city should be in the loop and receive all information regarding the financial status of the Economic Development Office and that if he could be assured that the information flow would be good, he would support the proposal, Council Member Chew emphasized that he hoped the Public Utilities Board would agree with the recommendation. The City council should be responsible for future funding sources. Council Member Riddlesperger stated that he did not want to imply a five (5) year financial commitment but that he was satisfied with the proposal to review finances on a year to year basis. The City Attorney, Debra Drayovitch reminded the City council that Betty McKean, Assistant City Manager and Bryan Stuart, Administrative Assistant would bring a contract to the city council that would encompass the restrictions that they were discussing and that that instrument was the appropriate for enforcing thei! concerns, 4. The Council considered approval of a resolution appointing the City Judge and Assistant Judges for the Municipal Court. The City Attorney, Debra Drayovitch stated that two (2) people were willing to serve as interim judges. Debra discussed the problem with people holding dual office but felt confident that the concern had been addresued satisfactorily. City of Denton City Council Minutes Meeting of July 221 1986 Page Seven McAdams motion, Chew second to approve the resolution appoint the interim municipal Judge. The following resolution was presented: R E 3 0 L U T 1 O N WHEREAS, Svcticn 6.03 of the Charter of the City of Denton authorizes the City Council to appoint a City Judge to preside over the Municipal Courtj and WHEREAS, Section 6.03 of the Charter of the City of Denton authorizes the City Council to appoint Assistant City Judges to handle the judicial functions of the Municipal Court in the absence of the City Judg6j and WHEREAS, the City Council deems it necessary to appoint a City Judge and two Assistant City Judges to handle the judicial functions of the Municipal Courts WHEREAS, pursuant to Art, 6252-9a, V.A.C.S „ the City council has found that each appointee is currently a state employee, that the holding of thin office is of benefit to the state ano that there is no conflict between each appointee's holding of his original office and the office of city Judge NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That Robin Ramsr.y is hereby appointed City Judge and Zack Pason, Russell Welch and Camille Milner are hereby appointed Assistant. City Judges of the Municipal Court of the City of Denton, Texas pursuant to Section 6.03 of the Charter of the City of Denton, Texas, effective July 22, 1966, SECTION 7.I, That the City Judge and Assistant City Judges shall receive the sum of Twenty-Five and No/100 Dollars ($25,00) per hour for their services. The sure of $12.50 per hour shall be paid for training effective immediately. SECTION III, This Resolution shall become effective July 22, 1986. PASSED AND APPROVED this the 22nd" day of July, 1986, RXY S , MAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: On roll call vote, McAdams "aye,' Alexander "aye," Hopkins `aye," Riddlesperger "aye," Chew "ayo," and Mayor Pro Tem Alford 'aye." Motion carried unanimously. City of Denton oily Gounaill Minutes Meeting of July 22, 1986 Page Bight The city Council then considered an emergency addendum to the agenda to consider members to the Plow Hospital Advisory Committee. Council Member Riddlesperger distributed a list of individuals for consideration. Staff was directed to place this item on the City Council Agenda for further consideration and the first regular Council Meeting in August. 5. The Council then convened into the Executive Session to discuss legal matters, real estate, and personnel/board appointments. No official action was taken on Executive Session items. Witt, no further items of business, the meeting was adjourned. R EPNE S, MAYOR BRYAN C. STUART, DEPUTY CITY SECRETARY 0131k City Council Minutei, July 29, 1986 The Council convened into the joint mooting Uith the Airport Advisory Board at 5:00 p.m, at the Denton Municipal Airport, COUNCIL PRESENT: Mayor Stephens) Mayor Pro Tem Alfordr Council Members Chew, Hopkins, and McAdams City Manager, City Attorney, and City Secretary COUNCIL ABSENT: Council Member Alexander was delayed due to business Council Member Riddlesperger was attending a meeting in Austin AIRPORT BOARD PRESENT: Prank Hayward) Lee Keith, (;one Wright, John Carrell, and Don Williams ' 1. The council received a presentation by representatives of Charles Willis and Associates on the airport master plan. Bill Perkins, representing Charles Willis and Associates, reported that for the past 9 months his firm had been preparing an airport master plan. An in-depth survey of the airport market had been accomi~I ished to determine how Denton related to the market and compering airports. Mr. Perkins presented charts of various forecasts for the Denton Municipal Airport including total operations, population, aircraft based at Denton Municipal Airport and local/itinerate operations.* Willis and Associates was projecting rapid urbanization between northern Fort Worth and southern Denton, in the Roanoke area. There would be a modification of the role of the Denton airports it was going to be in a posltion to assume substantial aviation demand and in a very favorable competitive posture. Currently there were 51000 feet of runway and a precision II.S (instrument landing system) approach at the airport. Only six other airports in the metroplex had ILS approaches (DPW, Love, Meacham, Addison, Aero Valley, and Mangum), Two major aviation modifications would need to be made to keep pace with the projected population growth of Denton over the next 20 years. These were a runway extension of 1,000 feet and construction of a secondary 40000 by 75 feet runway. Willis and Associates would also recommend that the secondary runway be constructed in the 1993-1994 time frame. It was a very important positive that Denton had reserved a lot of land around the airport; the excess land could be used for aviation related Industries. Also the noise exposure contours were acceptable and restricted to the airport itself. There was a real opportunity for Denton to have a high quality jet operation based at the airport. Mr. Perkins concluded by stating that his firm wanted to stream the exciting opportunity which existed at the Denton Municipal Airport in terms of the market and existing facilities. Agenda items 92 and 13 were reported together, 2. The council received a report on leasing activities at the airport, 3. The Council received a report on the status of Federal grants at the airport, Clint Lynch, Airport Manager, reported that a Federal grant In the amount of $226,000 had been received to build three access taxiways and a helipad. This grant was 1986 money and must be under bid no later than September 30. The taxiways would allow access to an additional 80 acres of land. Lynch then presented a breakdown of the costs for the projects. Lynch concluded by stating that the staff was already being contacted by persons interested in leasing space at the airport. City of Denton City Council Minutes Meeting of July 19, 1986 Page Two City Manager Lloyd Harrell reported that staff had been talkiegg with the City's financial advisors regarding alternatives for pArkaging the funding of the roadways and water lines which would be required. 4. The Council received a report and held a discussion on the proposed Confederate Air Force lease agreement and issues relating to future airahows. This item was taken under the Executive Session. " 5. The council received a report and discuss the statue of the lease agreement and litigation between the city of Denton and Maverick Aircraft, Inc, This item was taken under the Executive Session, 6. The council convened into the Executive Session to discuss legal matters. No official action was taken. The Council convened into the Work Session at 7:00 p.m, in the Civil Defense Room. i PRESENT: Mayor Stephenst Mayor Pro Tom Alford1 Council Members Chew, Hopkins, and McAdams City Manager, City Attorney, and City Secretary ABSENT: Council Member Alexander was delayed due to business Council Member Riddlesperger was attending a meeting in Austin 1. The Council received a report from city of Denton represen- tatives to the Texas Municipal Power Agency Board of Directors. Dr. Roland Vela, ;lember of the TMPA Board of Directors, reported that an operating budget of 078,0001000 had been approved. This amount was 117,0000000 less than the previous year's budget due to reductions in mining operations anel no new construction projects. Council Member Alexander joined the meeting. D r. Vela continued by reporting that the Comanche Peak legal case was "in prourcefeding the TMPA that wouldattorneys the all was be held during stated several days regarding a change in venue for the case. TMPA would prefer the legal proceedings be held in Austin rather than Dallas. Dr. Vela reported that Mr, Ed Wagoner, General Manager of TMPA, h:d proposed some innovative financing. Instead of 30 year bonds, the proposal was for 30 days bond with interest var,,,ing on a 24 hour basis. A bank in Australia would be the holding bank and put up the funds. A negative was that the bonds could be called in 30 days, 2. The Council received a report on the 1986 City Council goals and priorities: 11 Financing capital improvements 2nd half 16 Flow Hospital let half 17 Recreation Center 18 Finance Operations City Manager Lloyd Harrell gave i reviow of the goals notebooks and stated that staff had tried to assure that the goals became organizational goals as well Cotincil goals, work teams had been organized to study and report on each particular goal. John McOrane, nirector of Finance reported on goal tl (Financing Capital Improvement& 2nd half) stating that this should actually be Financing Capita' +i,provements lot half. Regarding the Planning and !:.:~""~R~"'~'-R.',`~ °'.'r;`~ri`R's fa.-. _•erc' rn,Nr City of Denton City Council Minute3 Meeting of July 29, 1986 Page Three zoning Commission Capi+:al lmprovement Program plan, the financing would require a bond etar,.tion and the Selling of bonds, If the sale of the bond was staggorod over a five year period, no increase in the current tax rate would be required. The steps to achieve this goal would be the establishment of a CIP committee who would review the plan as submitted by the Planning and Zoning Commission. After review and modification, if required, the plan would be resubmitted to the Planning and zoning Commission for approval prior to final approval by the City Council. The CIP committee could then "sell" the bond election to the voting public. Staff would suggest holding the prorosed election no later than December 15. McGrane further reported that goal i8 (Finance operations) had been outlined in the budget calendar for council, Debra Drayovitch, City Attorney, reported on goal M6 (Flow Hospital lot half) that thirteen action steps needed to be completed prior to the actual closing on the hospital. Only three of these would require action on the part of the City. i' action steps listed on the backup material provided would be dour; or triggered by Flow Hospital. The County was responsibl, or advising Flow of eligibility standards to be used if Hill-Burton was not deatted. Regarding the action Stup that the City Council and the County commissioners provide a written schedule of medical malpractice claims pending, this would be cut as close as could be to the actual closing. Drayovitch further reported that she was unable to give a closing date. The pleading had not be filed in District Court nor had the financing been arranged. She estimated that closing would not be accomplished for another two months. A nee issue had arisen regarding whether or not the deed should include a reverter clause or deed restrictions. Strong feelings had been expressed by the Council that the hospital should remain non-profit. A reverter clause would require the new corporation to obtain City Council and Commissioner's Court approval prior to using the facility for other than hospital used. A positive for deed restrictions was that Flow could obtain financing] a negativo was that Council would have to take the matter to Catrt to enforce the deed restrictions and the right to use the hospital would be lost if the corporation defaulted. Under a reverter clause, the City and County would take back the property if the corporation defaulted but would assume all debt, which could be substantial. Council Member Alexander asked if such a reverter clause would make it difficult for the hospital to borrow money. Drayovitch responded that, if the reverter clause included a proviso that the city and County would get the hospital back in case of default, it would not impair the hospital's obtaining loans. Steve Brinkman, Director of Parke and Recreation, reported on goal 17 (Recreatior, Center) that the timing of this iseuu had been touched on in the report on the Capital Improvements Program. The land had been purchased and cleared. Specifications had been drawn for two options: a 20,000 square feet facility and a 30,000 square feet facility. The members of the Parke and Recreation Board felt the strategy of going for 3 smaller centers at a cost of $11200,000 ea+:h as opposed to 2 centers at a coat of $1,800,000 each was a better way of resolving this issue. The idea was to get all three centers in one bond election. There were other policy questions which would need to be addressed regarding alternatives to funding the centers other than through bonds. The operating and maintenance costs for the centers had been calcu:ated with *today's dollars" plugged in. 3. The council held a discussion and considered appointments to the Special Citizens Advisory Committee on capital improvements. This ita;n was taken under the Executive Session. City of Denton City Council Minutes Meeting of July 29, 1986 Page Pour 4. The Council convened into the 8xecutive 5ealion to di,icuss personnel/board appointments. No official action was taken. • With no further items of business, the meeting was adjourned. RAY "~9j-WX9VF'" CHARLOTTE ULERe T SECRITM 1661a ,II DATE: 11/O4/$b CITY COUM61h RIPORT FORMAT " TO: Mayor and Mesbers of the Citr council FROM: Lloyd Harrell, City Manager OUBJECT: ADOPTION OF AN ORDINANCE AND SERVICE PLAN ANNEXING OPROXIMATELY 23.6420 ACRES OF LAND BEING PART OF THE GIDEON WALKER SIIltVEY, ABSTRACT N0. 1330, AND BEGINNING ADJACENT AND NORTH OF EDifARD8 ROAD APPROXIMATELY .5 MILE EAST OF MAYHILL ROAD AND APPROXIMATELY .5 MILE TEST OF OWTSHER ROAD. (A•-41) AR9259KRATION : The Planning and Zoning Commission recommends approval. !22% RY: The Tommy Corporation states in its application that it is requesting annexation for the purpose of developing the property in accordance with the City of Denton's standards. A petition for single family (SF-7) zoning has been submitted in conjunction with this annexation request. The site is not within a flood plain area. Edwards Road is an unimproved road that is subject to perimeter street paving standards (17 feet of curb and gutter and improvements to City of Denton specifications alon6 the entire frontage of the property to be developed) regardless of whether the tract is annexed or not if development occurs. An existing 12" water line at the Mayhill Road and Bdwards Road intersection must be extended 4,100 feet east to serve this parcel. Gity of Denton and TP&L electrical service is available. The Parke and Recreation Department and Fire Department have no objections to the proposed annexation. BACKGROUND: A 60.8 acre tract of land adjoining this parcel to the west was annexed and zoned planned development (PD) for mixed residential land use in January, 1986. The TowW Corporation requested ~ annexation and zoning for the udjotning tract. City Coanail Report (A-41) Page 2 PROGIM 0 DIPARTh M sRGROTPS 6Fj2cTXps There are ew dwelling units, businesses, or population existing within the area of proposed annexation. The Petitioners have indioated that a water supply distriat lies within the boundaries of the area proposed for annexation. KCAL IMPACT I Undetermined. Res lly u t L1 ltarrell Pr~spared by: City Manager David 211ison Senior Planner Ap ov Jeff , Direator of Planning and Development 16CU } ~6L NO. AN ORDINANCE ANNEXING A TRACT OF LAND CONTIGUOUS AND ADJACENT TO • THE CITY OF DENTON, TEXAS; BEING ALL THAT LOT, TRACT OR PARCEL OF LAND CONSISTING OF APPROXIMATELY 23,6420 ACRES OF LAND LYING AND BEING SITUATED IN THE COUNTY OF DENTON, STATE OF TEXAS AND BEING PART OF THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS; CLASSIFYING THE SAME AS AGRICULTURAL "A" DISTRICT PROPERTY; AND DECLARING AN EFFECTIVE DATE, WHEREAS, a request for annexation for the property described in Exhibit "A", a copy of which is attached hereto and Incorpo- rated by reference herein, was introduced at a regular meeting of the City Council of the City of Denton, Texas, on the petition of Tommy Corporation; and WHEREAS, an opportunity was afforded, at a public hearing held for that purpose on the ,_/1' day of a-% - , 1986 In the Council Chambers for a interests persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, an opportunity was, afforded, at a public hearing held for that purpose on the ,2 day of Sapjer_tiee- , 1986 in the Council Chambers Eor aTT interested persons to state their views and present evidence bearing upon the annexation provided by this ordinance; and WHEREAS, this ordinance has been published in full at least one time in the official newspaper of the City of Denton, Texas, prior to its effective date, and after the public hearings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the tract of land described in said Exhibit "A" be, and the same is hereby annexed to the City of Menton. texas, and the same is rda"^ hereby a part of said City and the land and the present and future inhabitants thereof shall be entitled to all the rights and privileges of other citizens of said City and shall be bound by the acts and ordinances of said City now in effect or which may hereafter be enacted and the property situated therein shall be subject to and shall bear its prorate part of the taxes levied by the City. SECTION II. The property described in Exhibit "A" is hereby classified as Agricultural "A" District and shall so appear on the official zoning map of the City of Denton, Texas, which map is hereby amended accordingly, SECTION III. Should any section or part of this ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconsti- tutionality, Illegality, Invalidity or ineffectiveness ox such A-41/TOMMY CORPORATION/PAGE ONE Ya i, section or part shall in no wise affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect; and should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Denton, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City Council hereby declares it to be its purpose to annex to the Cityy of Denton every part of the area described in said Exhibit "A" of this ordinance, regardless of whether any other part of such described area is hereby effectively annexed to the City. Provided further, that if there is included within the general description of territory set out in Section I of this ordinance to be hereby annexed to the City of Denton any lands or area which are presently part of and included within the limits of the City of Denton, or which are presently part of and Included within the limits of any other City, Town or Village, or which are not within the City of Denton's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be hereby annexed as fully as if such excluded and excepted area were expressly described herein. SECTION IV. This ordinance shall be effective Immediately upon its passage. Introduced before the City Council on the o23 A day of Sew.Aie.r , 1986. PASSED AND APPROVED by the City Council on the day of 1986. R S p CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY SECRETARY CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAM[ DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS I ff is A-41/TOMMY CORPORATION/PAGE TWO , EXHIBIT "A" • All that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being part of the Gideon Walker Survey, Abstract 1330, and more particularly described as follows: BEGINNING at a point in the present city limits, said point being the Northeast corner of the tract described in Ordinance No. 86.15, and the Northwest corner of a tract conveyed to Real Estate International by Deed Recorded in Volume 1830, pay,e 950 of the Doed Records of Denton County, Texas; THENCE South 860 59' S9" East along the North boundary line of said tract a distance of 627,98 feet to the Northeast corner of said tract; THENCE South 050 35' 29" West along the Easterly East boundary line of said tract a distance of 366.0 feet to the Easterly Southeast corner of said tract; THENCE North 890 47' 12" West along the Northerly South boundary line of said tract a distance of 40.21 feet to the Southerly Northeast corner of said trar.t; THENCE South 044 191 30" West along the Westerly East boundary line of said tract a distance of 1,507.29 feet to the southeast corner of said tract, said point lying In the center line of said Edwards Road; THENCE Westerly along the South boundary line of said tract and the center line of said road the following three (3) courses and distances: (1) North 850 20' West, 123.60 feet; (2) North 79• 35' 40" West, 296,87 feet; (3) South 88° 04' 05" West, to the Southwest corner of said tract; THENCE Northerly along the West boundary line of said tract, passing the Southeast corner of the tract described in Ordinance No. 86-15, continuing along the present city limits and West boundary of said tract, (by Ordinance North 20 14' West, 1,867 feet) the following three (3) courses and distances: (1) North 030 56' 01" East, passing at 20.5 foot a concrete monument, continuing for a total distance of 1,047.S5 feet; (2) North 02° 04' 31" East, 583.84 feet; (3) North 00° 15' '3" East 211.70 feet to the place of beginning and containing 23.6420 acres of land, more or less. A-41/TOMMY CORPORATION 1 PLAN OF SERVICE FOR ANNEXED AREA CITY Off'?)ENTONA TEXAS WHEREAS, Article 970a as amended requires that a plan of service be adopted by the governing body of a city prior to passage of an ordinance annexing an area; and WHEREAS, the City of Denton is contemplating annexation of an area which is bounded as shown on a map of the proposed annexation. NOWO THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; Section 1. Pursuant to the provisions oi' Article 970a as amended, Texas Code Annotated, there is hereby adopted for the proposed annexation area the following plan of service: I, Basic Service Plan A. Police (1) Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided on the effective date of annexation; (2) Traffic signals, traffic; signs, street markings, and other traffic control devices will be installed as the need therefo.•e is established by appropriate study and traffic standards. B. Fire (1) Fire protection by the present personnel and equip- ment of the fire fighting force, will be provided on the effective date of annexation. C. Water (1) Water for domestic, commercial and industrial use will be provided at city rates, from existing city lines on the effective date of annexation, and thereafter from new lines as extended in accordance with article 4.09. of appendix A of the code of the City of Denton, Texas, D. Sewer (1) Properties in the annexed areas will be connected to sewer lines in accordance with article 4.09 of appendix A of the code of the City of Denton, 'texas. E. Refuse Collection (1) The same regular refuse collection service now pro- vided within the city will be extended to the annexed area within one month after the effective date of annexation. i - ` i . Service Plan Annexed Areas Page two F. Streets (1) Emergency maintenance of streets (repair of hazardous chuckholes, measures necessary for traffic flow, etc. will begin on the effective date of annexation. (2) Routine maintenance on the same basis as in the present city, will begin in the annexed area on the effective date of annexation. (3) Reconstruction and resurfacing of streets, installa. tion of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body, will be accomplished under the established policies of the city. G. Inspection Services (1) Any inspection services now provided by the city (building, electrical, plumbing, gas, housing, sanitation, etc.) will begin in the annexation area on the effective date of annexation. H. Planning and Zoning (1) The Planning and Zoning jurisdiction of the city will extend to the annexed area on the effective date of annexation. City planning will thereafter encompass the annexed area. 1. Street Lighting (1) Street lighting will be installed in the substan- tially developed areas in accordance with the established policies of the city. J. Recreation (1) Residents of the annexed area may use all existing recreational facilities, parks, etc., on the effec- tivo date of annexation. The same standards and policies now used in the present city will be fol- lowed in expanding the recreational program and facilities in the enlarged city. K. Electric Distribution (1) The city recommends the use of City of Denton for electric power. r Service Flan Annexed Areas Page three L. Miscellaneous (1) Street name signs where needed will be installed within approximately 8 months after the effective date of annexation, II. Capital Improvement Program (CIP) The CIP of the City consists of a five year plan that is up- dated yearly. The Plan is prioritized by such policy guide- lines as; (1) Demand for services as compared to other areas based partly on density of population, magnitude of problems compared to other areas, established technical standards and professional studies, and natural or technical restraints or opportunities, (2) Impact on the balanced growth policy of the city. (3) Impact on overall city economics, The annexed area will be considered for CIP planning in the upcoming CIP plan, which will be no longer than one year from the date of annexation. In this new CIP planning year the annexation area will be judged accordingly to the same established criteria as all other areas of the city, 1 .mac ..Cis S~te,r i ci , LM ♦ i i Amb4l cS tiI MESA I ,.._..a r • Y P-~* .0j, r A-41 ANNEXATION SCHEDULE ✓3uly 28. 1986 Submit City Council agends item ►✓July 30, 1966 submit agenda back-up * ✓ August 50 1986 City Council sets date, time and place for public hearing August 6. 1986 Notice to Denton Record Chronicle r,--,Auqust S. 1986 Publish notice and mahout „/August 11, 1986 Submit City Council agenda item ✓ hugust 13, 1986 Submit agenda back-up for City Council * August 19, 1986 City Council holds first public hearing at regular meeting August 20, 1986 Notice to Denton Record Chronicle August 22, 1986 Publish notice and mailout August 25. 1986 Submit City Council agenda August 27, 1986 Submit agenda back-up September 2, 1986 City Council holds second public hearing at regular meeting v September 15, 3.986 Submit City Council agenda item L„/ September 17, 1986 Submit agenda back-up September 23, 1986 City council institutes annexation proceedings at special called meeting September 25, 1986 ordinance to Denton Record hronicle September 28, 1996 Publish ordinance e.- Octcber 27, 1986 Submit city council agenda item C,- October 29, 1986 Submit City Council agenda back-up * November 4, 1986 Final action by City Council at regular meeting * Denotes action by the City Council 0964q i DATV: 11/4/86 t CITY COUNCIL REPORT FORMAT TO: Mayor and members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT; z-1817 - PUBLIC HEARING AND ADOPTION OF AN ORDINANCE RECOMMEND010N: Planning and zoning Commission recommends approval. SUZY; The property is adjacent to a tract annd:ed and zoned in early 1986. The adjacent property is zoned planned devsl-pment for multi-family, zero lot line and SF-7. This request for SF-7 land use expands the residential land use to inoirA the integrity of the neighborhood. BACKGROUND o Final annexation; is scheduled for November 4, 1986 also. Approval of this request insures balance by expanding the city •o the east and insuring residential uses. PROGW.'„r DEPARTMENTS OR GROUPS AFFECTED: All departments involved in the development process. Three (3) property owners within two hundred feet were notified. FISCAL IMPACT: No impact can bQ determined at this time. Re tfuliy sum teds L yd Harr all 7~ Prepared by: C ty Manager 47 II Cecile Carson Urban Planner Agpro ; Jeff Meyer.....• Director of Planning and Development 03?3o 1717 cr: I1 PLANNING AND ZONING COMMISSION RECIMMENDATION TO CITY COUNCIL To: Denton City Council Case No.: Z-1817 Meeting Date: November 4, 1986 GENERAL INFORMATION Applicant: Tommy Corp. 10960 Wilshire Boulevard, #2224 Lon Angeles, California 90024 Status of Applicant: Owner Requested Action: Establishment of single family zoning with minimum 7,000 square foot lots (SF-7) Location and Size: A 23.64 acre tract located north of Edwards Road approximately 2,800 feet east of Mayhill Road Gurrounding Land Use and Zoning: North - Extraterritorial jurisdiction (ETJ) South - Extraterritorial jurisdiction (ETJ) East - Agricultural and ETJ West - Planned development Denton Development Guide: Low intensity area SPECIAL INFORMATIO14 !Transportation: Edwards Road is a collector street with 60 feet of right-of-way and perimeter street paving is required. ► Sidewalks will be required on Edwards Road. Off-site improvements may be necessary including a 24 foot overlay of Edwards Road west toward Mayhl" Road. Ut.[lities: Existing 12" water line on Mayhill Road at Edwards Road must be extended 4,100' east to site. An 18" or 21' sanitary sewer several hundred feet to the west will provide adequate service when extended. Drainage: Detention may be required and will be determined during platting process. -C y^M• "TF` ice. ry A (case z-1817) Paige Two HISTORY ..r r Final annexation proceedings on this property is scheduled for November 4, 1986. The adjacent property was annexed in 1986 and zoned planned development for multi-family, zero lot line, and single fam;.ly-7 land uses. ANALYSIS This property is located in a low intensity area. These areas represent our primary housing areas and their purpose is to insure the overall intensity balance in the City. The single family-7 with minimum 71000 square foot lots extends the single family land use in the planned development to the west. The additional acreage will help to insure the integrity of the neighborhood. The proposal does not violate any Development Guide policies and is consistent with low intensity policies. P~ 1. RECOMMENDATION the Plazihinq ar,d Soninq,4C'oftiias,idk'recommends approval by a vote of 7-0. ALTERNATIVES 1. Approve petition 26 Deny petition ATTACHMENTS 1. Location map 1. Planned Development Concept Plan - Z-1742 3. Reply Form Total 4. Mailing List 5. Minutes of the Planning and Zoning Commission of September 10, 1986. 1352] . I , - I - - - - ~ v I 'Tr Aw - imlb~ .,Poo wa, Edwazds Z~/8/7 I..., W. Er r .47 #0060~0% A M' 4 !o A +eoroc~ r rrnsuwt 00 nJtYG Te':AMVeK~ • ~ 141 A• I Ar, WnenJ u..Ve . I41r a i1, •1 . n v u. y(~~ X11 ~ , I 1 ~ 1~ / INlyl~/^ , IJV~ r I N J I l o l I~ it - ar r ' Q ,1 WV q'c ' ' 1 I rr 4 1 r 1 h I / 4 4 •1 I ~trngtw ~oqr 1} O I I I 1. 1 r I~ r t ~ r f i 91 7 g { F ~nrdillr, rnTICEr I r'l,&M CALI_EO 60.393 ACRES 2000 f,If1CON WALKER SURVEY A•1330 DFNITOM COUNTY, rF.YAS ,,t I%VpTM[Nl CO, N-V, Ttyl'u PROPERTY OWNER REPLY FOIMB CITY COUNCIL 2-1817 IN FAVO~A IN OPPOSITION UNDECIDED None Received None Received 3,16 L4 Aff ~e0,4 y 1d~~, X 'IL ,2e 1 P A Z Minutes September 109 1996 Page 3 PLTITIONER: Roger Barrett, Metroplex Engineering Corpora- on representing 'l'oamy Corporaation, stated that the street paving would be addressed during the platting stage. He said tnat they ace tryJn to continue contiguous growth within the city. He sail chat the only way to get Improve- ments In these areas is to annex and it is the petitioners invent to do improvemants. Mr, Claiborne asked If Edwards Road was Included in this annexation, Mr. Ellison said yes and would be a city re- sponsibility. He said that If the property is not annexed the perimeter street paving requirements would still be re- quired but the county would have to maintain the road. He said that the petitioner could develop SP-7 land use in this area without annexation and toning. He said that the procedure is to submit a plat and most the requirements in the extraterritorial jurisdiction. jgCISION: Mr. Holt moved to recommend approval of A-41, seconded by Mr. Glasscock and unanJmously carried (7-0), IV, PUBLIC HEARINGS A. Z-1817, Petition of the Tommy Corporation requesting s ngN family (SP-7) zoning with minimum 7,000 square foot lots on 23,64 acres. The property Is located north of Edwards Road approximately 2,800 feet from Mayhill Road and more fully & scribed in the Gideon Walker Survey No, 13311, (Annexation Is pending.) If approved, the property may be utilized for any use permitted within the single family-7 district. Tnree notices were mailed to property owners within 200 feet; no reply forms were received in favor or opposition. PETITIONER: Roger Barrett of Metroplex Engineering Cor- poration representing Tommy Corporation, stated that the reason for annexation and zoning is to work fully with the City of Denton, He said that it is possible to develop in the extraterritorial jurisdiction and meet requirements and not be annexed. He said that the reason for zoning In con- currence with the annexation is for permanent zoning on the property. He said that their reasoning for SP-7 zoning is because the planned development to the west was approved for SF-7 land use and this case would make the area contig- uous. He said that because of the time frame needed In a planned development they were unable to do a planned devel- oppment because the planned development to the west will be the first phase. He said that :hey fully plan to meet conditions, IN FAVOR: None present. OPPOSED: None present, STAFF REPORT: Ms. Carson stated that this property is Fe ng cons de red for annexation Iiy the City of Denton and final action is scheduled for Norember 4, 1986, She said that the adjacent property was annexed in 1986 and zoned planned development for multi-faa.ly, zero lot line, and single family-7 land uses. She said that this planned development was done as a buffor from the mobile home park to the residents to the east, She said that this property is located in a low intensity area, The single family-7 with minimum 7,000 square foot lots extends the single family land use in ^<he planned development to th,t east, The additional acreage will help to Insure the integrity of the neighborhood. She said that the pin oral does not violate any Development Guide policies and is consistent with low intensity policies. She said that Edwar%'s Road i P 4 z minutes September 14, 1986 Page 4 Is a collector street with 60 feet of right-of-way and perimeter street pavin is required. She said that an extstiieg 11 inch waterline on NL,rhill Road at Edwards Road must be extended.41100 feet east to this site. She added that an 18 to 11 inch sanitary sewer several hundred feet to the west will provide sdequste service when extended. She said that dete tion may be required and will be deter- mined during platting proeesa. She ssid that staff recom- mends approval of 2-1817. RaU'fTAL: None offered. Chair declared public hearing closed. DECISION: Mr, dscue moved to recommend approval of Z-1817. ec5 co--637e by Ms. Cole. Mr. Claiborne said that he encouraged the developer to pre- serve some of the nature on this property. Ms. Brock asked about the Impact on Mayhill Road when this site developps. Ms. Carson stated that the developers of Southern HI will Improve Mayhitl Road including rerout- ing MayhIII Road and doing new construction of the entire road that runs basically from railroad tracts to State School interchange. She said that the small portion not improved will be improved as soon as development, occurs or if lncorporatud into the Capital Improvement Program. She said that the plat has been approved for road construction of Souther Hills and that they are now working on speci- fic use n,'nlt for a catch plant to begin construction. Vote was crlled and motion unanimously carried (7-0). 8. Z-1834. Petition of Paul H..;tI ngs, representing Golden Wriangle Joint venture, requesting approval of a detailed plan, Including the preliminary p1At of the Golden 'triangle/Michael's Addition, on a 3.2373 acre tract which is a part of an existing planned development (P11-6). The property is located on Colorado aoulevard northwest of Loop 288 and shown In the J, S. Taft Survey No. 12S6. If approved, the property may be utilized for 37,850 square feet of retail and restaurant space. Five notices were nailed to property owners within 200 feet; no reply forms were received In favor or opposition. PETITIONER: Paul Hastings, architect, stated that he was avallagle for questions. Mr. Holt asked about the land use on the property. Mr. Hastings stated that the project would develop in two phases. lie said that the first phase is an 18,000 square foot Michael's store and the second phase is 19,850 square feet of retail/restaurant lease space. He said that the Michael's store is scheduled to open In May of 1987 and Phase 11 Is scheduled for October of 1989 dependent upon marketing conditions. IN FAVOR. None present. OPPOSED: None present. STAFF REPORT: Ms. Carson stated that the planned devel- opment permits retail land use, and this property abuts two retail establishments and the Golden Triangle Mall. The property is located In a high intensity area that encourages this type of land use. The preliminary plat conforms to all City of Denton Subdivision and Land De- velopment Regulations. She added that the detailed plan IS71I. 'My NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 23.641 ACRES OF LAND LOCATED NORTH OF EDWARDS ROAD APPROXIMATELY 1,800 FEET EAST OF MAYHILL ROAD, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION AND USE DESIGNATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE TO SINGLE FAMILY "SF-7" CLASSIFICATION AND USE FOR SAID PROPERTY; PROVIDING FOR A MAXIMUM PENALTY OF $10000 FOR VIOLATIONS THEREOF, PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the Zoning Classification and Use designation applicable to all or part of the property described in Exhibit "A" attached hereto and incorporated by reference herein, is hereby changed from Agricultural "A" District Classification and Use to Single Family 11SF-7" District Classification and Use under the Compre- hiinsive Zoning Ordinance of the City of Denton, Texas. SECTION 11. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69.11 be, and the same Is hereby amended to show such change in District Classification and Use. SECTION III. That the City Council of the City of Denton, Texas, hereby finds that such ^hsnge is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SUCTION IV. Ar.y person who shall violate a provision of this ordinance, or falls to comply therewith or with any of the requirements theree,f, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding one Tlousand Dollars ($1,000.00), Each such person shall be deemed Guilty of a separate offense for each and every day or portif,n thereof during which any violation of this ordinance is commil:ted, or continued, and upon conviction of any such violations such person shall be punished within the limits above. SECTION V. ';hat this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is I Z-1817/PAGE 1 hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage, • PASSED AND APPROVED this the day of , i m . RA1''ST9PRBAS7,MMMr - CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY SECRETARY CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA AUAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON* TEXAS BY: Alc. 2•:917/PAGE 2 ' j 1 EXHIBIT "A" All that certain 23.642 acre tract or parcel of land situated in the Gideon Walker Survey, Abstract Number 1330, Denton County, Texest said tract being shown by deed to William Knight Parker and recorded in Volume 488, pages 313 and 522 of the Deed Records of Denton County, Texas and being more particularly described as follows; Beginning for the southeast corner of the tract being described herein at an iron pin amt in the cantor o: a public road, said pin being the southeast corner of said Parker tract and the southwest corner of a tract shown by deed to G.W. Willis and recorded in Volume 950, page 492 of the Deed Rocords of Denton Count/, Texas, sold corner being South 04 degrees 19 minutes 30 seconds Wea; 15.5 feet from a Concrete monument; Thence !forth 85 degrees 20 minutes West with the center of said raod 123.60 feet to on iron pin set in ground; Thence North 79 degrees 35 minutes 40 seconds Hest with center of said road 296.87 feet to an iron pin set in the ground; Thence South 88 degrees 04 minutes 05 seconds West with center of said road 116.46 feet to an iron pin set in the ground; for the southwest corner of said Parker tract, and being the southeast corner of a tract shown by deed to H.D. Smiley and recorded in Volume 774, page 854 of the Deed Records of Denton County, Texas; Thence North 03 degrees 56 minutes 01 seconds Fast and passing a concrete monument at 20.5 feet and continuing for a total distance of 1047.55 feet to fence corner post; Thence North 02 degrees 04 minutes 31 seconds Past 593.84 feet to an iron pin fnund in the ground; Thence North 00 degrees 15 minutes 53 seconds Past 211.70 ;set to concrete monument found for the northwest corner of said Parker tract; Thence South 86 degrees 59 minutes 59 seconds Peet 621.98 feet to an tron pin set in the ground; for the uorthoust corner of said Parker tract, recorded in Values 488, page 522; Thence South 05 degrees 35 minutes 29 seconds feat 366.0 foot to an iron pin found in the ground; Thence North 89 degrees 47 minutes 12 seconds West 40.21 feet to an iron pin found in the ground; Thence South 04 degrees 19 minutes 30 seconds West 1507.29 feet to the Point of Beginning. i Z-18x7 DATE! 11/04/86 CI'T'Y COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: PUBLIC HEARING FOR OAK-HICKORY HISTORIC DISTRICT R1iCUMMEND~lUN The Historic Landmark Commission considered this item at its meeting of July 30, 1986 and voted to recommend approval of the district by a vote of 8-0, The Planning and zoning Commission considered this item at its meeting of October 15, 1986 and voted to recommend approval of the district by a vote or 6-0. SUMMARY: This is a request for the establishment of storic landmark district, an overlay zoning in SF-7 and MF-1 districts located on the north side of Oak from 610 W. Oak to the intersection of Oak and Fulton, with the exception of 918 W. Oak; the south side of 04k from 609 W. Oak to the intersection of Oak and Welch with the exception of 9U3 W. Oak; the north side of Hickory froca the intersection of, Hickory and Welch to the intersection of Hickory and Williams; the east side of Denton from the intersection of llenton and Oak to the intersection of Denton and Pearl; the south side of Pearl from 607 Pearl to the intersection of Pearl and Denton Streets BA!,KGROUND: This area is worthy of historic des) nation due to its archi- tecturally significant structures anti its value as part of the social, cultural, and historical heritage of the City. PRO GRANIS__DEPARTMEN'I'S OR 6ROUPS AFFECTED: Not applicable. PISCA.L IMPACT: There is no impact on the general fund. Respe ully submitted: Prepared by: el ! _~c Ci t Manager Denise S iv - Urban Planner Approv d: Je f f Mey Director of Planning and Development OZ92k 1, PLANNING AND ZONING COMMISSION REPORT TO THE CITY COUNCIL To: Denton City Council Case: Oak-Hickory Meeting Date: November 4, 1986 Historic District GENERAL INFORMATION Applicant: City of Denton Historic Landmark Commission 215 E. McKinney Street Denton, Texas 76201 Status of Applicant: City Commission Requested Action: Request for the establishment of a historic landmark district, an overlay zoning, in Single family (SF-7) and Multi-family (DiF-1) districts. Location: The north side of Oak Street from 610 W, Oak west to the intersection of Oak and Fulton streets, with the exception of the property located at 918 West Oak Street. The south side of Uak Street from 609 W. Oak west to the intersection of West Oak and Welch streets, with the exception of the property located at 903 West Oak Street, The north side of Hickory Street from the intersection of Hickory and Welch to the intersection of Hickory and Williams (4treets. The east side of Denton Street from the intersection of Denton and Oak streets to the intersection of Denton and Pearl streets, The south side of Pearl Street from 607 Pearl west to the intersection of Pearl and Denton streets. Surrounding Land Use and Zoning: North - Single family residential, duplexes; 2-F Sojth - Single family residential, apa),tments; MF-l (Case Oak-Hickory Historic District) Page Two GENERAL INFORAATION (continued) Bast - Attorney's office, Single family rosidential, apartments; ,PD, MN-1 West - Retail, church; GR, MF-1 Denton Development Guide: Low Intensity Area ' - SPECIAL INFORMATION ~ Jr ~ Article 28 A-2 of the ^City of Denton Zoning Ordinance declares as policy the following purposes of the historical preservation ordinance: 1. 'to protect, enhance, and perpetuate historic landmarks which represent or reflect distinctive and important elements of the City's and State's architectural, archeological cultural, social, economic, ethnic, and political history and to develop appropriate settings for such places. 20 'to safeguard the City's historic and cultural heritage as embodied and reflected in such historic landmarks by appropriate regulations. 3. To stabilize and improve property values in such locations. 4. 'to foster civic pride in the beauty and accomplishments of the past. 5. To protect and enhance the City's attractions to tourists and visitors and provide incidental support and stimulus to business and industry. b. To strengthen the economy of the City. 7. To promote the use of historic landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. Section 28 A-14 (a) of the above referenced ordinance defines a historic district as "a geographically definable area possessing significant concentration, linkage, or continuity of buildings, structures, sites, areas or land which are united by architectural, historical, archaeological, or cultural importance or significance." Section C of the same article specifies how the boundaries of a district are to be drawn: "The boundaries of historic districts shall. be drawn so as to include all buildings, structures, sites, areas or lands which meet one or more of the criteria set out in Section 28 A-3 or )ifs ` (Case Oak-Hickory Historic District) Page 't'hree SPECIAL INFuRMATION (continued) which directly affect or relate to such buildings, structures, sites and areas of land meeting one or more of the Section 28 A-3 criteria, provided that at least fifty-one (51) percent of the total structures within the boundaries are of architectural, historic, archaeological or cultural importance or value. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ANALYSIS The Wost Oak - West Hickory Street Area is one of the most historically significant areas of the City of Denton, There are currently fourteen (14) designated historic landmarks within the [boundaries of the proposed district and many other structures are eligible for designation. This area is the site of many substantial homes built by the business and civic leaders of early Denton. This area is eligible for the establishment of a hi sturic district for the following reasons: 1. Many structures in the area are architecturally significant. 2. The area has value as part of the social, cultural, and hi storical heri tage of the City of Denton. 3. The area is identified with a person or persons who contributed to the culture and development of the City. 4. The area has value as an aspect of community sentiment or public pride. - - RECOMMENDATION The Historic Landmark Commission considered this item at^its meeting of July 30, 1986 and voted to recommend approval of the Uak-Hickory Historic District by a vote of 8 - 0. The Planning and Zoning Commission considered this item at its meeting of Uctober 15, 1986 and voted to recommend approval of the Oak- Hickory Historic District-, by a vote of 6-0, with the following conditions: 1. Hearing notices for demolitions to be sent to property owners within the district and adjacent property owners within 200 feet - to be included in district regulations; 2. Current pictures to be taken when district is approved. The Planning and Zoning Commission also recommended that the City Council give consideration that the Oak-Hickory Historic Di strict be all Inclusive, - - - - - - (Case Oak-Hickory Historic District) Page Your AI.TERNATI VHS 1. Approve petition. The following alternatives have been suggested for the composition of the proposed Oak-Hickory Historic District; a. Exclusion of Opposing_Property _Owngrs. Some property owners in the areadave requeste3"r."Fiat their property not be included in the proposed district. Approval of such a proposal could lead to a "saw toothed" district which, if approved by the City Council, will be forwarded to the National Register for consideration as a National Register district. Tho definition of historic districts as "geographically definable areas possessing significant concentration, linkage, or continuity of buildings, structures, sites, areas or land which are united by architectural, historical, archaelogical or cultural importance or significance" makes it unlikely that the Oak-Hickury area would be accepted as a National Register DistxA ct in a "saw toothed" form. b. Addition of Properti_es_Located_on South Side of-Hickory Street.J Some property ownerson the south side of Hickory Street have expressed a desire to be included in the district. 'Phis property could not be considered for inclusion at this time due to legal requirements for notification procedures but could be added to the district at a later date. c. Del9tion of Properties Located on North _Side of Hickory Street. l't has been suggesfe-F hat the property 'on" uic'kory Stree% is not of the same historical and archi- tectural sfgnif±cance as that of Oak Street and as s•.ch should be excluded from the proposed district. This argument can be made; however, excluding these proper- ties would severly weaken the district. These properties are historically and architecturally significant, in their own r.tght. Furthermore, removing them from the proposed district would put the structures in the interior of the district at risk. The properties located on Hickory Street are zoned multi - family (MH-1) and as such may be demolished and replaced by potentially incompatible structures if district standards are not in place. Z. Deny petition - - (Case Oak-Hickory Historic District) age Five ATTACHMBNTS 1. Location Map 2. Historic District ordinance 3. District Preservation Plan 4. Architectural Standards For Historic District 5. Re fly Form Totals 6. Mailing List 7. Minutes of Historic Landmark Commission meeting of July 14, 1986 8. Minutes of Historic Landmark Commission meeting of July 300 1986 9. Minutes of Planning and Zoning Commission meeting of August 13, 1986 lU. Minutes of Planning and Zoning Commission meeting of Uctober 15, 1986 1875g !7 SO • x 3 1 6 • t e fl, __.._..R II >H p 31 p 213 It t to II I t 3 a T It T R Ix ! A 13 k 13 - - ~ - Is I7 M 19 14 13 r2 II p ! 23 p 14 R K h 19 17 N IS 4 IS 12~ 22 7 S tl is I. `p 17 It ti 2 3 4 S i l! T S e 8 N I ! I! • 4 6 B I 20 r It I2 - II a •I T r3 N""Mc.AM IOTI kOCKI sr~r ,.y2p_ 'd 4.1 41 I. I p.1 d _ N 4 1 3 3 9,1 t • T u e 4 1 3 t EKW 14 I! 11 10 3-104 w 0e Sol' pop m "AT A S I OAK E H ca N I ~ N N N N Quamp~ - N N + 21 2 3 B 9 1 i Do 4 e 3 1 : 3 4 A001110t1R8 w~~+~.1.0&do tqf 1.. A 2 11 10 ! t T fl 6 ! . M K M It 13 p h J a II !I t PEST « 4 e t I t 3 S 4 3 ADDIN t e t 10 I I t 3 4 0 63i t 1 • e p 11 It r3 N ro •w Qt MOM rrv" II , 21 m Ft I: 11 ip • #19 M 111.% My 13 .I,ileall ^ r. M IR llel "r""I POCCI/ Ahh It ! K RS.I PROPOSED OAK-HICKORY HISTORIC DISTRICT r city council its recommendation as t ' o what action, if any, should be taken on the structure. fig) AJ1Y applicant or interested per: on aggrieved by a ruling of the landmark commission under the provisions of this section may, within thirty days after the date of such ruling, appeal to the city council. Section 28A•13. HISTORIC LANDMARK DESIGNATION TO COEXIST WITH OTHER USE CLASSIFICATIONS. Use classifications as to all property which may he included in a historic Landmark designation shall continue to be governed by the comprehensive toning ordinance of the city and the procedures therein established. Section 28A•14. HISTORIC DISTRICTS DEFINED; RESTRICTIONS THEREIN; CRITERIA FOR ISTRICT BOUNDARIES ESTABLISHED; REQUISITES FOR APPLICATIONS FOR DISTRICTS SET FORTH; CRITERIA FOR EVALUATING SAME PROVIDED; DISTRICT PRESERVATION P "'(S DEFINED; NIS. CELLAAVEOUS ADMINISTRATIVE REQUIREMENTS OF LANDMARK CO,►1I'fISSION SET FORTH; PROC!DURE FOR MODIFICATION OF ORDINANCE pROVISiOYS ESTABLISHED. (a) DEFINITION, Districts which may be deslga,ated Historic Landmarks pursuant to Section 28A-1 shall herein be referred to as "HISTORIC DISTRICTS and shall mean geographically definable areas; possessing significant concentration, linkage, or continuity of buildin-s, structures, sites, areas or land which are united by architectural, his. torical, archeological, or cultural Importance or Significance, Cb) RESTRICTIONS. All buildings, structures, sites, arras or lands located with a designated historic district, whether individually designated historic or not, are subject to these regulations. Yo person or entity shall construct, reconstruct, alter, change, restore, remove or demolish it any way the exterior features of such building, structure, or site, area or land until a permit has been granted by the building official of the City of Denton. Furthermore, no public i.mprovem4nts, Including, but not limited to, street construction, signs, lighting, sidewalk construction, parking facilities and traf'le PAGE i7 I r system changes, except traffic control signs and devices, shall be made within or affecting a historic district without approval of the city council after recommendation has been submitted by the landmark commission and appropriate city departments, (c) DISTRICT BOUNDARIES. The boundaries of historic districts shall be drawn so as to include all buildings, structures, sites, areas or lands which meet one or more of the criteria set out in Section 2iA•3 herein or which directly affect or relate to such buildings, structtlres, sites, areas or lands meeting on one more of the Section 28A•3 criteria, provided titat at least S11 of the total structures within the boundaries are oe architectural, historic, archaeological, or cultural importance or value. (d) ESTAELISH+NENT Of HISTORIC OrMieTS, (l) Applications for consideration of a historic district shall be based upon architectural, historical, archaeological or cultural importance or value and accompanied by a report to the landmark commission containing the following information. ~14ii. A list of specific buildings, structures, sites, areas or lands of importance or value located -within the proposed district boundaries and a description of the particular importance or value of each such building, structure, site, tree or land, (b) A map shoving the boundaries of the proposed historical district drawn to a scale of 1''•200,; and the location of each structure of importance or value identified by a number or letter designation. (c) Sufficiirnt photographs of each building, structure, site, area or land of importance or value showing the condition, color, Site and architectural derail of each; and, PAGE is (d) A description of each building, structure, site, area or land of Importance or value showing the condition, color, size and architectural detail of each, and where possible I. date of construction 2. builder or architect 3• chain of uses and ownership architectural style 5• materials 6. construction technique 7. recognition by State or National Government as architecturally or historically significant, if so designated. (2) Application for establishment of an historic district on the basis of cultural or archaeological lmporta;,ca or value shall be accompanied by a report containing the following information, ! (a) A map showing ph* boundaries of the district drawn to a scale of 1"•t001; Proposed (b) A description of the cultural or archaeological importance or value of the building, structure, sites area or land beitg proposed for historic designation; and (c) Any evidence which would show recognition by either the State of Texas and/or the National Government. (J) Applications to increase the boundaries of an historic district may be made if one or more of the following condltilns are met, (a) when buildings, structures, sites, areas or lands of lmportanca or value are related to the district are requested for inclusion. (b) When facts previously undisclosed to or unknown by the landmark commission are revealed which indicate that a partLcular building or site it po"Ia ssed of special archltectural, archaeological, cultural or ht,ssnricai impattance or value. ?AG8 19 (s) ~RPlica'ttons to reduce the boundaries of an historic r district may be made when one ar more of the following conditions gave been met; (a) Mhen it can be shown that a particular building, structure, site, area or land has no historic, architectural, archaeological or cultural importance or value to the viability of the district, (b) When exclusion of buildings, structures, sites, areas or lands is necessary for major new development that would support either the architectural, historical, archaeological, or cultural character or economic viability of the district. (c) When it can be shown that no degradation of the district either physical, historical, architectural, archae- ological, or cultural will result from exclusion of property from the district. (S) Application for inclusion or exclusion may be made when either continued exclusion or Inclusion of property within the district would render it an economical hardhhip for reasonable continuation in its present exterior form. In order to establish such economic hardship, the owner must show that no reasonable alternative use exists which allows the exterior of the building to remain in its original style. In evaluating economic return, the Commission may request toe owner to document the value, rents, returns, tax 5urdsn, and/or contracts, pertaining to the property, (e) CRITERIA FOR DESIGNATION OF HISTORIC DISM ICTS, to evelus~,ng applications for historic districts, the landmark commission shall consider Sections 29A•3 and Section 2SA•13(d), If the landmark commission recommends the establishment of an historic district or districts, it shall cause to be prepared an historic district designation ordinance which shall contain, but not be 11•alced to, the following; (1) A statement of purpose cetting forth the commission's reasons for recommending designation of the district, and PAGE 20 r (2) A legal description of the boundaries of the district; (3•) Maps, charts and photographs of the buildings, structures, sites, areas, or lands located within the district; (1) rlndings that support the criteria required in Section 29x•3 and ZOA•13, If applicable, that establishes the particular importance or value of the district. (S) Recommendations for the protection and preser- vation of the district referred to herein as district preservation plan. (f) DISTRICT PRSSBRVA71ON PLAN. The district preservation plan shall include, but shall not be limited to the following; (1) Zoning Classification of Uses. The commission may examine the uses existing within the district in terms of their • Individual and continued effect upon the character, safety, economic and physical impact of the district and may recommend such changes in toning, height and area ragulations. (2) Guilding Code Requirements. The commission may review'and recommend any amendments to the building regulations it feels r;ecessary to preserve the architectural and historic integrity and authenticity of structures within each such district. (3) Sign Regulations. The Commission -lay review the previsions of cite sign regulations that are permissible xithin each such district and recommend such alterations in site, location, type and construction they :eel appropriate. In Preparing such recommendations, the Commission shall consider existing signs as well as criteria for future signs. In the event chat an existing sign or i:?ns are deemed to have a negative impact on the character of the district, the Commission may recc.nmend a method of removal or improvement of such sign or signs, reviewing such sign changes with owners or tenants prior to such recommendation. PAGE ZI • r (4} Parking Regulations, The commission may review the parking regulacions in existence in the district and recommend any changes in numbers, or location of on-street and off-street parking requirements it feels necessary to enhance the district, It shall review the adequacy of parking facilities in or affecting the district and may offer recom- mendations for such public and/or private parking lots, garages or structures it deems to be in the best overall interest of the district, (4) Architectural Regulations, As a guide for those seeking a certificate of appropriateness pursuant to Section 28A-8, the historic landmark commission may, in conformance with the applicable toning classification, height and area limitation, and in keeping with the significant architectural, hlotorical, archaeological or cultural elements of each such district recommend regulations affecting the exterior of the building, including, but not limited to, the following: (a) Accep+-ibla materials for new construction such as stucco,'masonry, metal and glass curtain; (b) Appropriate architectural character, scale and detail for new construction; (c) Acceptable appurtenances to new and existing structures such as gables, parapets, balconies and dormers; (d) Acceptable textures and ornamentation such as paint colors and types, use of wood, stone, metal, plaster, plastics and other man-made materials, use of shutters, wrought and cast iron, finishes of metal, colors of glass, such as silver, gold, bronze, smoke, and other details or architectural ornamentation, (e) Acceptable accessories on new or existing structures such as light fixtures, gas lights, canopies, . exterior csrpentry, tilt or wood, banners, flags and projections; and PAOR 22 ff) I For those properties which are sites, areas f• ands, buildings, structures, or vacant lots which are not of historical, architectural, archaeological or cultural i.nportance or value, development or redevelopment may be at the owner's discretion as long as there is no variance from the historic district preservation plan to materials, scale and detail, appurtenances, textures, ornamentation and :c$cal and and the ot+ner complies with existing regulations, In these instance, no, review by the landmark commission would be required, and no certificate of appropriateness would apply, (d) Transit and Traffic Operations, The commission may review the transit and traffic operations In and through the district, and provide recommendations to the urban transportation department and city council on routes, schedules, one-way and two-way street patterns, park and rise, shuttle services and pedestrian facilities that will enhance and preserve the character of the district, . (7) Public Improvements. The landmark commisslon .nay recommend to the city council acceptable public architectural and engineering designs including street lighting, street furniture, signs, Landscaping, utility facilites such as electric poles and wires, telephone lines; design textures of sidewalks and streets, such as brick, stone and tile, and such other elements as deemed necessary for enhancement and preservation of the district. (g) Administrative Requirements of ',andmark Commission. (1) When a historic landmark commission considers an area as a possible historic distri:t, It shall, prior to rendering its final rec;Amondation and report, submit its report, including the district preservation plan or any proposed ordinance amendments to all city departments, boards and commissions and other public agencies directly affected. (2) In addition, it shall, and prior to rendering its final recommendation, make she plan available to the landowners In the proposed district. In the event the area unfer PAOR 23 r consideration has established an historic district committee, the commission may include the comments of such committee in its final report. If appropriate and desired, the commission should recommend that the city council adopt the restrictions to assure that future public investaent complies with the term of the district. Comml,1sion approved medallions for designated structures within the district shall be prepared and, subject to the approval of the owners, may oe affixed to the "H" designated structures. (h) Changes in Provisions herein. Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed. In case, however, of a written protest against such change, signed by the owners of twenty percent or more either of the area of the lots or land included in such proposed change, or of the lots or land . Immediately adjoining the same and extending 200 feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the city council. Section ZOA-IS, PENALLY (a) It shall be unlawful to construct, reconstrOict, structurally alter, remodel, renovate, restore, demolish, raze, or maintain any building, structure, or lard in a historic landmark designation In violation of the provisions of this ordinance, and the city in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful construction, restoration, demolition, razing, or maintenance, to restrain, correct, or abate such violation, to prevent any illegal act, business, or maintenance in and about such premises, (b) Any person, firm. or corporation violating any r provisions of this chapter shall be guilty of a misdemeanor, and shall be deemed guilty of a separate offense for each day cr PAO$ 24 r portion thereof during which any violation hereof is committed, continues or is permitted, and upon conviction of any such violation ;shall be punishable by a fine not to exceed two hundred dollars, Section ZIA-16. NOTICE. Any notice required to be given under this title, if not actually delivered, shall be given by depositing the same in the united States mail, postage prepaid, addressed to the person or entity to whom such notice is to be given at his last known address, When notice is required to be given to an owner or owners of property, such notice, delivered or mailed by certified or registered mail, may be addressed to such owner or owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll, S N I. This ordinance shall become effective from and after its date of passage and publication as required by law, PASSED AND APPROVED this the day of 19 , CITY OF DENTON, TEXAS ATTEST TY OF DENTON, rev " A PPROVED AS TO LEGAL FOR14 C J. TA, JR. CITY ATTOR.VEYYLCITY OF0DENTON rE.~us EY; ~C•~ 0a PA03 25 • r UAK-HICKURY HISTORIC DISTRICT DISTRICT PRESERVATION PLAN Presented Pursuant to Article 28A-14 (f) Appendix B, Zoning Ordinance Code of Ordinances of the City of Denton The City of Denton has declared it to be public policy to protect, enhance, preserve, and use historic landmarks and declared that such a policy leads to the culture, prosperity, education, and general welfare of the people of the city (Article 28A-2). Integral to the carrying out of Oose purposes is the creation of Historic Districts, and the technical requirements for the creation and administration of Historic Districts is stated in detail in the Code of Ordinances of the City of Denton. It should be noted that the Denton Ordinance has been certified by the U, S. Department of the Interior. The City of Denton Historic Preservation Plan, adopted by the City Council in 1985, states that a major goal of the city is the creation of Historic Districts, and the plan singles out Oak Street as one area in which it would be desirable to create a Historic District. West Oak Street from-Williams to Welch is what was referred to by citizens in earlier years as "Silk Stocking Row," Beginning in the late nineteentn century, a number of substantial private homes were built along that five-block stretch. The same situation, to a slightly less affluent degree, pertained on West Hickory Street. As the evolution of the streetscape occurred, some remodeling took place, and some new construction occurred. As a consequence, that five block area of West Oak Street, the north side of West Hickory Street, Williams Street, Denton Street, and part of the south side of Pearl Street, contains representative architecture from the late nineteenth and most of the twentieth century. Thus, from the origins of West Oak Street and West Hickory Street and because of their later evolution, the creation of the Oak-Hickory Historic District will substantially further the goals of public policy set forth by the City of Denton. 1: Ih.. Oak-Hickory Historic District . District Preservation Plan page l r 1. ZONING CLASSIFICATION OF USES It must be remembered that inclusion within a Historic District, like individual Historic Landmark designation, is an overlay zoning, in which property retains its basic zoning classification. The majority of structures on West Uak Street were in place before the City of Denton enacted its first zoning code. As a consequence there are several nonconforming uses of land within the district. In 1968, in a city-wide rezoning, the area was designated as Multi-Family 1 {low density a artments being the primary land use under that classification . In 1976, at the request of the West Oak Street Association, the City of Denton began the pollcy of permitting voluntary back- zoning on West Oak Street to the Single Family classification without payment of the customary fees. As a consequence, the Oak Street part of the area now is about evenly divided be- tween Multi-Family and Single Family classification. The distribution of those two classifications is uneven; however, several blocks are now, in effect, spot-zoned Multi-Family. It is recommended that the City Council continue to encoue back-zoning to Single Family to reduce as much as possibleathe inequities of this situation. It is also recommended that the City Council allow the owners of property within the Historic District on the.north side of Hickory Street and on Williams, Denton, and Pearl Streets to petition for similar back-zoning without payment of the customary fees. It is also recommended that the staff of'the Planning and Development Office of the City of Denton srrive to reduce nonconforming uses within the Historic District as they are able to review them. In any application for construction or remodeling, ppetitioners are advised that the City of Denton will be guided by "Archi- tectural Standards for Existing and Proposed Structures in Historic Districts," passed by the Historic Landmark Commis- sion on March 1U, 1986, which is hereby attached by reference to this Uak-Hickory Historic District Preservation Plan. Oak-Hickory Historic District District Preservation Plan Page 3 r II. BUILDING CU DE REQUIREMENTS No major revisions of the Building Code are envisioned, except as they may be indicated by "Architectural Standards for Exist- ing and Proposed Historic Districts." It is recommended that the Building Code Inspector undertake an examination of the Building Code to recommend changes that would make it possible to move historic structures into the Uak-Hickory Historic District, should such an action be found desirable in the future. III. SIGN REGULATIUNS The "Architectural Standards for Existing and Proposed Historic Districts" makes the following remarks on sign regulation: A. No permanent or temporary detached sign will be allowed in the Historic District, except signs announcing con- struction or the sale of th'e property or political signs no larger than 18" x 2411 at times as allowed by the City of Denton. B. Permanent attached signs shall meet the following guidelines:. 1 They must be architecturally integrated with the structure; 1. Their placement must not obscure significant architectural or ornamental elements of the structure; 3. The sign and the size of the lettering on the sign must be proportional to the size of the building; 4. The color of the sign and its lettering must be compatible with the structure; C. Attachments which have the effect of serving as advertising, including but not limited to banners, flags, and balloons, must be approved by the Historic Landmark Commission, except for flags of the United States and the State of Texas, which shall be of a size and placement appropriate to the structure. Uak-Hickory Historic District • District Preservation Plan Page 4 r IV. PARKING REGULATIONS It is recommended that the City Council examine alternatives that would have the effect of limiting parking, particularly on Hickory Street, to minimize the negative effects of the overflow of vehicles from the large multi-family complexes south of Hickory Street. V. ARCHITECTURAL REGULATIONS In accordance with the instructions set forth in Article Z8A-14 (f) (5), the Historic Landmark Commission has adopted "Architectural Standards for Existing and Proposed Historic Districts. in preparing that document the Historic Landmark Commission was guided by the U. S. Secretary of the Interior's Standards for Rehabilitation. VI. TRANSIT AND TRAFFIC OPERATIONS • Both West Oak Street and West Hickory Street serve as major east-west thoroughfares. In addition to monitoring traffic intensity of those streets, it is recommended that the City of Denton bear in mind the need to provide additional east- west traffic carriers as it undertakes major capital improve- ments to the City's traffic system. VII. PUBLIC; IMPROVEMENTS As the City of Denton continues its regular program of maintenance, it is recommended that It try to bring public elements of the streetscape into keeppingg with the nature of the Historic District. One early prlority would be to replace the fixtures for street lighting with elements more in keeping with the nature of the Historic District. VIII. LANDSCAPING Much of the character of the Oak-Hickory Historic District comes from its vegetation, especially its old trees. No tree with a diameter greater than three inches measured one foot above ground level shall be removed without the approval of the Historic Landmark Commission. The Historic Landmark Com- mission shall generally permit such removals only for purposes of public safety or for specific purposes demonstrable to the Historic Landmark Commission, and in return for allowing such removal it will generally require the planting of a comparable tree at some other appropriate place on the site. Adopted by Historic Landmark Commission July 14; 1986, Retitled. July 10- 1400 rDEN.TUN , TEXAS HISTORIC LANDMARK COMMISSION ARCHITECTURAL STANDARDS FOR EXISTING AND PRUPUSED STRUCTUMS IN 'HISTORIC DISTRICTS GENERAL PRINCIPLES 1. The existing original qualities or character of a building, structure, or site and the environment of those buildings, structures, and sitea shall not be destroyed. The removal or alteration of any historic material or distinctive archi- tectural features should be avoided, Z. All buildings, structures, and sites shall be recognized as products of their own times. Alterations that have no historic basis, particularly those that seek to create an earlier appearance, shall be discouraged, 3. Changes which may have taken place in the course of time are evidence of the history and development of a building, struc- ture, site, or environment. These changes may have acquired significance in their own right, and this significance, when • it exists, shall be recognized and respected. 4. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 5. Deteriorated architectural features shall be repaired rather than replaced, whenever possi`lle. In the event that replace- ment is necessary, the new material should match the material being replaced in composition, design, color texture, and other visual qualities, Replacement of missing architectural features should be based on historic, physical, or pictorial evidence rather than on conjectural designs or the availabil- ity of architectural elements taken from other buildings or structures. 64 The surface cleaning of structures shall be undertaken only with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 7. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material, and such design is compatible with the size, color, material, and character of the property, environ- ment, and Historic District. Architectural Standards Historic Districts page 1 r b. Whenever possible, new additions or alterations to strtiictures shall be done in such a manner that if such additions or altera- tions were to be removed in the future, the essential form and integrity of the structure would be unimpaired. 9. Applicants should be advised that the decisions of the Historic Landmark Commission on these matters are guided by the Secretary of the Interior's Standards, as they may be amended from time to time, and by the at onal Trust for Historic Preservation's Design Review Standards forHi_sroric Districts, as they may be revised` from time to rime. 1U. Whenever possible, the Historic Landmark Commission will discourage alterations that affect existing landscaping, especially any changes that might affect a tree with a diameter greater than three inches, measured one foot above ground level. 11. Appeals from the decisions of the Historic Landmark Commission concerning the granting, or the failure to grant, of s Certifi- cate of Appropriateness, a permit for new consrruction, or a demolition or removal permit within a Historic Distri,.t shall be referred to the Planning and Zoning Commission. A peals from the decisions of that b(dy shall be made to the pity Council. EXISTING STRUCTURES In conjunction with the Secretary of the Interior's Standards for Rehabilitation, as they may be amended from time to t me the MIMIC an mark Commission in reviewing applications for Certifi- cates of Appropriateness within a Historic District will take into account the following criteria to ensure that the application is consistent with the character and historic aspect of the Historic District: 1. The mass of the structure, The height of the building, its bulk, and the nature of its roof line, Z. The proportions between the height of the building, its bulk, and the nature of its roof line (is its appearance predominately horizontal or predominately vertical?). 3, The nature of they open spaces around the building, including the extent of setbacks, the existence of any side yards and their size, and the continuity of st;ch spaces along the street. . a. The existence of trees and other landscaping and the extent of paving, Architectural Standards Historic Districts Page 3 r S. The nature of openings in the facade, primarily doors and windows, their location, size, and proportions. f roof, whether flat, gabled, hipped, gambrel, 6. The type oetc, 7. The nature of projections from the buildings, particularly porches, 8, The nature of the architectural details and the predominant architectural style, 9. The nature of the materials. 10. "Texture. 114 The details of ornamentation, 12. Provision for additional parking, if the proposed alteration will increase either occupancy or use of the structure. NEW STRUCTURES In con unction with the Secretary of the Interior's Standards for Rehabilitation, as they may be amended from time-T fps, t"fi-e-ff~ls or c Landmark commission in reviewing applications for new structures within a Historic District will take into account the following criteria to ensure that the new structure is consistent with the character and historic aspect of the Historic District: 1. The mass of the proposed structure, its height, its bulk, and the nature of its roof line. Particularly important in this judgment is the relationship of the proposed structure to the average height of existing nearby and adjacent structures and to the character of the Historic District, 2. Th e proportions between the height of the proposed structure, its roof structureseandowith the character of the Historic District. 3. Spacing of buildings on the street, 4. The nature of the open spaces around the building, including the extent of setbacks, the existence of any side yards and their size, and the continuity of such spaces along the street. 5, The existence of trees and other landscaping and the extent of paving proposed, r Architectural Standards Historic Districts Page 4 r b. The nature of openings in the proposed facade, primarily doors and windows, their location, size, and proportions, and the relationship of the proposed construct'.o)n to nearby and adja- cent structures and to the character of the Historic District. 7, The type of roof, whether flat, gabled, hipped, gambrel, mansard, etc., and the relationship of the proposed construc- tion to nearby and adjacent structures and to the character of the Historic District. 80 The nature of projections from the proposed structure, particularly porches, and the relationship of those projec- tions of the proposed construction to nearby and adjacent structures and to the character of the Historic District. 9. The nature of the architectural details of the proposed structure its predominant architectural style, and the compatibility of those details and that style with nearby and adjacent structures and with the character of the Historic District. W. The nature of the materials to be used in the proposed structure and the compatibility of those materials to nearby and adjacent structures and to the character of the Historic District. 116 The texture of the proposed construction and the relationship of that texture to nearby and adjacent structures and to the character of the Historic District. 11. The details of ornamentation of the proposed structure and the relationship of those details to nearby and adjacent structures and to the character of the Historic District. 13. The relationship of landscaping of the proposed structure and the relationship of that landscaping to nearby and adjacent structures and to the character of the Historic District. 14. The scale of the proposed structure and the relationship of that scale to nearby and adjacent structures and to the character of the Historic District. 15. The directional expression of the front elevation and the relationship of that directional expression to nearby and adjacent structures and to the character of the Historic District, . lb. Provision for off-street parking in predominately residential areas, A Architectural Standards Historic uistricts !'age 5 r ObMULITIUN UK kEMUVAL The Historic Landmark Commission will consider the following in determining the appropriateness of any application for demolition or removal, including relocation, of a structure in the Historic District: 1. The architectural significance of the structure. 2. The historic significance of the structure. 3. The significance of the structure to the streetscape. 4. The significance of the structure in furthering the goals of historic preservation set forth as City policy and the specific goals set forth in the City and District Preservation Plans. 5. The significance of the structure in regard to tourism. b. The probable effect of demolition or removal of the structure on surrounding properties. SIGNAGH The Historic Landmark Commission shall consider the following in determining the appropriateness of any application for approval of signs within the Historic District: 1. No permanent or temporary detached sign will be allowed in the Historic District, excopt signs announcing construction or the sale of the property or political signs no larger than 18"x24" at times as allowed by the City of Denton. 1. Permanent attached signs shall meet the following guidelines: a. They mi.tst be architecturally integrated with the stt•u-tune; b. Their placement must not obscure significant architectural or ornamental elements of the structure; c. The sign and the size oC lettering on the sign must be proportional to the size of the building; d. The color of the sign and its lettering must be compatible with the structure. 3. Attachments which have the effect of serving as advertising, including but not limited to banners, flaga, and balloons,,, must be approved by the !Historic Landmark Commission, except for flags of the United States and Texas, which shallbe of a size and placement appropriate to the structure. Adopted by Historic Landmark Commission March 10, 1986 rvarfi- Ti•y~-l r, g~.~ PROPERTY OWNER REPLY FORMS CITY COUNCIL Oak-Hickory Historic District .November 4, 1986 IN FAVOR IN OPPOSITION UNDECIDED Alonzo Jamison,Jr. Leroy Williamson Elaine Noto 616 W. Oak 2415 Glenwood 515 Pearl Denton, TX Denton, TX Denton, TX Bruce Salentine Tom Jester Marilyn J. Murphy 822 W. Oak P.O. Box 280 2948 Marsann Dentor., TX Denton, TX Dallas, TX John Wright H. W. Lantrip 912 W. Oak 1005 Gregg Denton, TX Denton, TX Michael D. Hearn Grace Temple Baptist Church 305 Mounts 1106 W. Oak Denton, TX Denton, TX Evelyn Miller James R. Russell 818 Gregg and Terrill W. King III Denton, TX First State Bank Bldg. Denton, TX Penny Edyvean 1000 W. Hickory Harry T. Riney Denton, TX Harry Riney Enterprises 520 S. Elm Richard D. Hayes Denton, TX 819 W. Oak Denton, TX George N. Piott 1202 Piping Rock Lane Maurice McAdow Denton, TX 804 W. Hickory Denton, TX Sally Hannah Mudd 1810 Mistywood R. C. Sininger Denton, TX 1013 W. Oak Denton, TX Bob Crouch 801 N. Locust Mrs. Amos Barksdale Denton, TX 818 W. Oak Denton, TX Morelle Miller 1811 Bolivar Ottis Akers Denton, TX 820 Gregg Denton, TX L. S. Forester 4513 Castle Combe Pl. Ft. Worth, TX r7 0 :.0 fil PRUPBRTY OWNUR LIST PROPERTIES INCLUD40 IN OAK-HICKORY HISTORIC DISTRICT City Lot Block 0 Location Name Address 336/1 1U35 W. Uak Bob B. Tripp 6634 Chevy Chase Dallas, Texas 7522: 336/2 1023 W. Oak Randall S. Boyd P.O. Box 189 Denton, Texas 76201 488/9 1018 W. Usk. Delta Sigma Phi Prat Gamma XI 3 Paul Davidson P.O. Box 161854 Irving, Texas 7SO16 336/3 1015 W. Oak Richard Barksdale Sale 1015 W. Oak Denton, Texas 76201 33614 1011.1009 W. Oak Rollin A. Sininger 1003 W. Oak Denton, Texas 76201 488/8 IOU4 W. Oak Herman W, Lantrip et al & 100S W. Oak 1065 Gregg Denton, Texas 76201 330/1 IOU: W. Oak Rollin A. Sininger 1003 W. Oak P Denton, Texas 76201 488/7 924 W, Oak Leighton H. LeClair, Jr. 924 W. Oak Denl'on, Texas 76201 330/2.1 923 W. Oak Cynthia Ksy Greene 923 W. Oak Denton, Texas 76201 33U/2 921 W. Oak James 8, Hundiey, Sr. 911 W. Oak Denton, Texas 76201 330/3 915 W. Oak Dorothy Prances Williams 915 W. Oak Denton, Texas 76201 488/5 912 W. Oak John Wright 912 W. Oak Denton, Texas 76201 488/4 904 W. Oak Marian P. Deshazo 904 W. Oak Denton, Texas 76201 West Uak_Street (Continued) 330/5 819 W. Oak Richard D. Hayes 819 W, Oak Denton, Texas 76201 486/3 818 W. Oak Amos Barksdale 818 W. Oak Denton, Texas 76201 488/2 812 W. Oak W. A, Barker 812 W. Oak Denton, Texas 76201 330/6 811 W. Oak Jerry Don Vann 81l W. Oak Denton, Texas 76201 488/1 802 W. Oak Harry Riney Enterprise, Inc. Box 414 Denton, Texas 76201 329/1 801 W. Oak Edward Lane 801 W. Oak Denton, Texas 76201 329/2 723 W. Oak Paul D. Carpenter 723 W. Oak Denton, Texas 76201 476/3 722 W. Oak Charlotte F. Montgomery 722 W. Oak Denton, Texas 76201 329/3 717 W. Oak Barbara H, Jackson 717 W. Oak Denton, Texas 76201 476/2 716 W. Oak Joe Lair 716 W. Oak Denton, Texas 76201 329/4 711 W. Oak Wilber D. Buttrill 711 W. Oak Denton, Texas 76201 329/5 705 W. Oak Murray b Diane Ricks 705 W. Oak Denton, Texas 76201 476/4 704 W. oak Robert S, Berg 2503 Woodhaven Drive Denton, Texas 76201 476/1 700 W. Oak Scott Haggard 700 W. Oak Denton, Texas 76201 328/1 619 W. Oak Patrick L, Carey P.O. Box 1665 Denton, Texas 76202 475/14 616 W. Oak Alonzo W. Jamison, Jr, 616 W. Oak Denton, Texas 76201 328/2 615 W. Oak Mike Cochran at al 609 W. Oak Denton, Texas 76201 475/13 610 W. Oak James Dellis Swanson 61.0 W. Oak Denton, Texas 76201 328/3 6(,d W. Oak Linda Lavender 609 W. Oak Denton, Texas 76201 PROPERTY OWNER LIST PROPERTIES INCLUDED IN OAX-HICKORY HISTORIC DISTRICT tiftLot/Biock_Y Location Name Address 336/9 1022 W. Hickory Bob E. Tripr 6634 Chevy k'.ase Dallas, Texas 75225 ' 336/8 1010 W. Hickory Galen D. Panning 1010 W, Hickory Denton, Texas 76201 336/7 1006 W. Hickory John Franklin Miller III 2127 W, Oak Denton, Texas 76201 336/6 IOU4 W, Hickory James J. Brosch 1004 W. Hickory Denton, Texas 76201 336/5 1000 W. Hickory Richard Edyvean 1000 W. Hickory Menton, Texas 76201 330/17 928 W. Hickory John F. Miller III °t D2e127 Texas 76201 33U/16 920 W. Hickory John P. Miller III I-? 2127 W. Oak Denton, Texas 76101 330/15 916 W. Hickory John F, Miller III 2127 W, Oak J Denton, Texas 76101 330/14 912 W. Hickory Leroy M. Williamson 2415 Glenwood Lane Denton, Texas 76101 330/13 906 W. Hickory Darrell K. Donaldson 11 906 W. Hickory Denton, Texas 76101 330/12 904 W. Hickory Bobby 4 James Morris 918 Anderson Denton, Texas 76201 330/10 902 W. Hickory Arthur E. Sorg 7411 Gleneagle Cir, Crystal Lake, Illinois 60019 West Nickor Street co to inuell 330/11 822 W. Hickory Bruce Belentine 822 W. Hickory Denton, Texas 76201 330/9 818 W. Hickory Elizabeth Jean Lair Smith 308 Marietta Denton, Texas 76201 330/8 814 W. Hickory Bob A. Crouch 801 N, Locust ' Denton, Texas 76201 330/7 812 W. Hickory Bob A. Crouch if y 801 N. Locust Denton, 76201 319/12 804 W. Hickory Maurice C. McAdow 804 W, Hickory Denton, Texas 76201 329/11 800 W. Hickory Mike Mizell 800 Edgewood Denton, Texas 76201 329/10 722 W. Hickory George N. Piott 1202 Piping Rock Denton, Texas 76201 329/9 714 W. Hickory Terrell K. King III and James R. Russell 707 First State Bank Bldg. Denton, Texas 76201 329/8 710 W, Hickory L. S. Forester 4S13 Castle Combo Place Ft, Worth, Texas 76180 329/7 704 W. Hickory Mrs, A. V. Fleming 8 704 1/2 W,HJckory 704 W. Hickory Denton, Texas 76201 329/6 700 W. Hickory Urnald J. Davis 616 Northridge Drive Denton, Texas 76201 328/8 620 W. Hickory Aillip D. Vick 620 W. Hickory Denton, Texas 76201 328/7 610-614 W. Hickory Brian M. Kruger P.O. Box 2699 Denton, Texas 76202 328/6 608 W. Hickory Phillip W. Watkins 17 Ridge Drive P.O. Box 1092 Lake Dallas, Texas 75065 PROPERTY OWNER LIST PROPERTIES INCLUDED IN OAK-HICKORY HISTORIC DISTRICT CJtY Lor/Block N Location Naae.k Address 475/1 619 Pearl Heather Hardy 619 Pearl Sr. Denton, Texas 76201 • 475/2 613 Pearl Clarence N. Hefner, Jr. 613 Pearl Denton, Texas 76201 475/34 607 Pearl Kathleen Blass 607 Pearl St. Denton, Texas 76201 47S/15 302 Denton Brandy Lee Stein 302 Derton St. Denton, Texas 76201 328/5 109 kllllans Sally Hannah Mudd 1810 Mlstyxood Denton, Texas 76201 PROPERTY OWNER LIS'i' PROPERTIES WITHIN 200 FEET OF THE OAK-HICKORY HISTORIC DISTRICT LStY_Lot Llock_! Location Name _A Address 488/6 918 W. Oak William K. Doggett (excluded) 918 W. Oak Denton, Texas 76201 ' 330/4 903 W. Oak Robert Pearce (excluded) 903 W. Oak Denton, Texas 76201 496/16 311-13 Fulton dap Grace Temple Baptist Church ,01106 W. Oak (WO Denton, Texas 76201 496/17 303 Fulton Grace Temple Baptist Church 1106 W. Oak Denton, Texas 76201 469/17 401-403 1/2 Amarillo John B. Morrison 624 Headlee Denton, Texas 76201 489/18 309 Amarillo Morelle M. Miller 1811 Bolivar Denton, Texas 76201 489/19 301 Amarillo Bobby Glen Morris 918 Anderson Denton, Texas 76201 489/ZU 304 Fulton Hazel Davis 617 Bast 17th Street Littlefield, Texas 79339 489/21 310 Fulton Bill; Douglous Watkins 310 Nulton Denton, Texas 76201 489/22 Virginia Williams 101 Williams Lane Denton, Texas 76201 487/1 9080 908 1/20 909 James R, Neblett Gregg Box 1066 Denton, Texas 76201 487/2 Mark M. Wolf 905 Haynes Denton, Texas 76201 487/3 903 Haynes James R. Neblett Box 1066 Denton, Texas 76201 487/4 815 Haynes Wanda Massey 908 Kiowa Drive West Lake Klows, Texas 76240 487/5 811 Haynes Richard W. BI.Aop 811 Haynes Denton, TX 76201 487/6 311 Mounts Elaine A. Wilion 311 Mounts Denton, Texas 76201 487/7 US Mounts Michael D. Hearn 305 Mounts Denton, Texas 76201 .rte oak/Hickary Historic District Mailing List Property Owners within 200 feet Page 2 487/8 818 Gregg Jack D. Miller 818 Gregg Denton, Texas 76201 487/8.1 1816.14 Gregg John B, Morrison 624 Headlee Denton, Texas 76201 487/9 820 Gregg Mrs. Ola Mae Akers 820 Gregg Denton, Texas 76201 487/10 904 Gregg Charley H. Parley 1617 Fannin 02018 Houston, TX 77002 487/11 James R. Heblett P.O, Box 1066 Denton, Texas 76201 487/12 300 Amarillo Bob Crouch and 2912 Gregg 2609 Brookfield Denton, Texas 76201 487/13 Amarillo Street Henry A. Barlow 1320 Stuart Denton, Texas 76101 487/14 110 Amarillo Wlll)aistB.Stephens 2011 Denton, Texas 76201 477/9 Denton Independent School District 1205 W. University Denton, Texas 76201 474/10 508 Pearl Richard B. Cooper 01 Tiabergreen Circle Denton, Texas 76201 474/11 510 Pearl Joe B. McGinty 607 W. Hickory Denton, Texas 76201 474/12 514 Pearl John L. Bryant 2836 University Dallas, Texas 75205 474/13 518 Pearl Charles R. Stafford 2283 Scripture Denton, Texas 76201 474/14 604 Pearl Joellyn Bodelson 108 E. Oak P.O. Box 823 Denton, Texas 76202 474/15 606 Pearl Bette Avann-Edwards 606 Pearl Denton, Texas 76201 474/16 612 Pearl Joseph D. Johnson`,. 4411 McKinney Avenue 0113/ Dallas, Texas 75201 474/17 Joseph D. Johnson 4411 McKinney Avenue 0113 `'t Dallas, Texas 75201 Oak/riickory.Hi3roric yistrlct 14ailing List • • Property Owners within 100 feet Pa6e 3 474/18 William Reed Shauck . 18081 Midway Road #1227 Dallas, Texas 75252 474119 Jamey A. Erwin 619 Parkway Denton, Texas 76201 475/5 S19 Pearl Deborah X. Alton ' S19 Pearl Denton, Texas 76201 475/6 515 Pearl Martin J. Noto Rt. 1, Box 146X Pilot Point, Texas 76258 475/7 510 Congress Jacquelyn Yvonne McCrary 1716 Westchester Denton, Taxes 76201 475/8,9 503-507 Pearl Tom D. Jester, Jr. P.O. Box 280 Denton, Texas 76201 475/10.1 209 Carroll Patricia L. Thomas 2819 Poxcroft Denton, Texas 76201 475/10.2 Luther H. McCrea 6 Mary P. Trapp P.O, Box 777 Denton, Texas 76201 475/10.3 $10 W. Oak Ralph W. Davis 207 Carroll Denton, Texas 76201 475/10,4 215 Carroll Patricia L. Thomas A 2819 Poxcroft Denton, Texas 76201 475/10,5 101 Carroll Glenn R. Davis 502 W. Oak Denton, Texas 76201 475/10.6 500 W. Oak Ralph W. Davis 2411 Glenwood Denton, Texas 76201 475/10.7 2U7 Carroll Ralph W. Davis 207 Carroll f' Denton, Texas 76201 475/10 502 W. Oak Ralph Davis P.O. Box 1862 Denton, Texas 76201 475/11 516 W. Oak Apex Leasing Corporation P.O. Box 884 Denton, Texas 76202 475/12 5.16 W. Oak Apex Leasing Corporation P.O, Box 884 r Denton, Texas 76202 328/4 601 W. Oak James R, Russell 707 1st State Bank Bldg, Denton, Texas 76201 NONNI" Oak/Hickory Hiatorit District mailing List Property Owners within 200 feet Page 4 Saunders Addition Sssex Development Lot IA c/o David L. Fair 1307 Pacific Avenue Dallas, Texas 75202 Saunders Addition David L. Pair Lot 1B c/o Roy Busby 4 Co. 13141 Preston Road, Suite 409 Dallas, Texas 75240 331/1 823 W. Hickory Benny R. Russell 1324 Heather Denton, Texas 76201 331/2 815 W. Hickory Sander Martin 815 W, Hickory Denton, Texas 76201 331/3 807 W. Hickory Robert M. Myers Box 22S 807 W. Hickory Denton, Texas 76201 331/4 8U1 W. Hickory H. W, Whitworth 800 W. Mulberry Denton, Texas 76201 331/5 721 W. Hickory W. A. Calvert P.O. Box 1905 Denton, Texas 76201 331 6 715 W. Hickory Gerald Mitchell Rt. 1, Circle M Ranch, Box 411 Denton, Texas 76201 331/7.1 70S-07 W. Hickory Marilyn J. 4 Randall B. Murphy 2948 Marsann Dallas, Texas 75234 331/8 62S W. Hickory Dorothy Johnson P.O, Box 399 San Juan, Texas 78589 331/9 619 W. Hickory 2indaHA Jacquot Kesterson Denton, Texas 76201 331/10 613 W, Hickory David Kesterson 1719 Hartlee Court Denton, Texas 76201 331/11 607 W Hickory Joe B. McGinty 607 W. Hickory Denton, Texas 76201 331/12 Joe D. McGinty 607 W. Hickory Denton, Texas 76201 331/13 515 W. Hickory Leslie 1. Marshall S1S W. Hickory Denton, Texas 76201 331/14 507-09 W, Hickory Robert J. Hooper S01 W. Hickory Denton, ^,wxas 76201 331/15 503 W. Hickory Robert J. Hooper i► $01 W, Hickory Denton, Texas 76201 Oak/hickory historic District Mailing List Property owners within 200 feet Page 3 Mulberry Creek Trapp b Irwin Addition, Block 1, 419 S. Carroll Lot 1 Denton, Texas 76201 331/22 113 Bernard Benny R. R,?Ssell 13:4 Heather Lane Denton, Texaj 76201 337/1 1029 W. Hickory Ann C, Blair 620 Dallas Drive Denton, Texas 76205 337/2 1023 W. Hickory Mrs. Emma D. Strickland 1023 W. Hickory Denton, Texas 76201 337/3 1019 W. Hickory Glynn C. Morris C/o Harding, Inc. S07 S. Lo::ust Denton, Texas 76201 337/4 1005 W. Hickory Glynn C. Morris c/o Harding, Inc, ?"y 507 S. Locust Denton, Texas 76201 337/5 1005 W. Hickory Glynn C. Morris c/o Harding, Inc, 507 S. Locust Denton, Texas 76201 337/6 929 W. Hickory H. B. Wilkins Rt. 2, Landfall Circle 08 Lewisville, Texas 75067 337/7 921 W. Hickory Joe M. Spencer 921 W, Hickory Denton, Texas 76201 337/8 919 W. Hickory Prank B. Hulse 2969 Satsuma Drive Dallas, Texas 75229 337/9 911 W. Hickory George M. Holston 911 W. Hickory Denton, Texas 76201 337/10 907 W. Hickory Donald H. Hill 9(17 W. Hickory Denton, Texas 76201 36415 1115-1117 W. Hickory Rome Johnston P.O. Box 1192 Denton, Texas 76201 364/6 Rome Johnston t) P.O. Box 1192 Denton, Texas 76201 364/7 1105 W. Hickory Robert H. Caldwell, Jr. P.O. Box 354 Denton, Texas 7620) 365/8 101 Welch Richard Bills 14026 Preswick Drive Dallas, Texas 75234 .165/9 101 Welch Richard Bills r 14026 Preswick Drive Dallas, Texas 75234 uak/Hickory Historic District Mailing List Property Owners within 200 feet page 6 365/9.1 1104 W. Hickory Joe L. Noraile 1100 W. Hickory Denton, Texas 76201 365/10 1110 W. Hickory Joseph L. Normile 1424 Ridgecrest Denton, Texas 76105 365/11 1114 W. Hickory Ronald W. Newsom 819 Imperial Denton, Texas 76201 365/7 101 Welch Richard Bills 14026 Preswick Drive Dallas, Texas 75234 497/2 1106 Oak and Grace Temple Baptist Church 211-213 Fulton „p 1106 W. Oak Denton, Texas 76201 497/2.1 1106 Oak Grace Temple Baptist Church pjv 1106 W. Oak Oenton, Texas 76201 497/3 419 Fulton North Texas State University Denton, Texas 76203 497/4 1122 W. Oak brace Tea le Baptist Church +a c/o Mrs. Lee Johnson l Box 937 Denton, Texas 76201 488/4.1 907 Gregg Marion F, DeShazo ~904 W. Oak Denton, Texas 76201 488/4.2 901 Gregg Mp.rion F. DeShazo 904 W. Oak Denton, Texas 76201 488/1.1 213-213 1/2 Mounts,,. Harry Riney Enterprises, Inc. rr)P.O. Box 414 Denton, Texas 76201 g .tea; ~P' H Minutes 34.y 14, 1986 Yale 3 Ms. Evans replied that there are enough 9 to presently. are applicants cippldiitcants was now getting started in 1 198x4 4 but but that Chore ox who ors tractors' bids, in the process of getting con- As. Evans stated that the rehabilitation program is a mai program. The City is given iS,O 0 and the property ownertmchusngt match the $5,000. The property owner has until rae property is sold or 20 year, to pay his share at zero percent interest. The requirement may be changed to put a lion on the property instead of requiring repayment, Mr. Cochran asked how such the CDBG office has spent on the project. Ms. Evans said between $200,000 and $ZSO,000. She said that there is $250 000 in the funds now. She stated that the origi- nal limit on ttussndl!ing was $0,500 per unit but that has recently t9leresfeldin°0141 tg00he exteriorhfacadetlook attractive. Ms. Evans stated that the CDBG office worked In conjunction with the Building Inspection Department on demolition projects. affordithendemoli gtionsntoDepartment and CDBCrefers willpeople the °decannot molition at no charge. She said that written consent of the owner is projectdisenoteadvertisedl so that peoplefwho econ wellsafforde the demolitions will not apply, Mr. Cochran asked If pictures were taken of the demolition sites. Ms. hvars said that pictures were taken both before and aft:r the demolition. She sold that a problem with the program was that some of the owners were hard to locate. Some of the owners were in nursing homes or had died and the program dons not allow demolitions without written consent of the owner. She added that she would provide additional information to Landmark commission about any project upon request, 111, Discussion of maintenance of historic landmark at 703 Bolivar Street (H-?Z) Mr. Cochran stated that 703 Bolivar Street is zoned historic, He said that the house is owned by Ms. Sandy Taylor who is presently in France and that Ms. Splvey and Mr. Lowry were concerned that the house needs a new paint job, He advised that the house is in the process of being scraped down; therefore, no action is necessary at this time. IV. Bstablish boundaries of proposed West Oak Street Historic District. Mr. Cochran said that establishing the boundaries of the Historic District was the last obstacle before going to the Planning and Zoning Commission, Photographs oP all the build- ings and a District Preservation Plan have been obtained since the last meeting. Ms. Spivey stated that a photo album of possible properties thebproposedeboundariesiwasravaiilablecfornthe Historic outlining Commission's review. w Mr. Lowry stated that the Sigma Phi Fraternity House may not wish to be excluded from the Historic District, Ms. Spivey stated that she had information sheets on each property with all the details and information required by the ordinance. She said that she had prepared a sl.,~cr for each ~..-..;a'. ter,.: - -^r.-•°+--nai+ HLG .lute! July 14, 1986 Page 4 site,so rho Commission could vote on whil,h criteria applied to each individual property to make It eligible for the Historic District. inclusion r in Properties and criteria were discussed: 1. 613 Pearl - Meets rho following criteria: A. Character, interest or value as p development, heritage or cultura art of the l characteristics of the City of Denton, State of Texas, or the United States. b. tates. nt of distinguisshing characteristics of an c. Relationshipltoyother distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif, d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States, e. A building or structure that becaucte of its location has become of value to a neighborhood, community area or the city, f. Value as an aspect of community sentiment or public pride. 2. 019 Pearl - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. 0 b. Embodiment of distinguishing characteristics of an c. Relationshipltoyother distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif, A. Exemplification of the cultural, economic, social, ethnic or historical hec•itnge of the city, state or United States, e. A building or structure that because of its location has become of value to a neighborhood, community area or the city, f. Value as an aspect of community sentiment or public pride. 3, 302 oenron - Mears the following criteria; a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States, b. Embodiment of distinguishing :haracteristics of an architectural type or specimen. c, Embodiment of elements of architectural design, detail, materials or craftsmanship which represent d. Relationshipttorothertdistinctiveabuildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. e. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. E. A building or structure that because of its location has become of value to a neighborhood, community area or the city. I. Value as an aspect of community sentiment or public pride. HLC Minutes July 14, 1996 Pose 5 4, 616 West Oa - Meets the following criteria: r a.' Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b.. Embodiment of distinguishing characteristics of an srchitectu,A type or specimen. c. Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. d. Relationship to other distinctive buildin s sites or areas which are eligible for preservation, accord- ing to a plan based on architectural, historic or cultural motif. e. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States, f. A building or structure that ~,ecause of its location has became of value to a neighborhood, community area or the city. S. Value as an aspect of community sentiment or public pride. 5, Zoo w~ eak . Meets the following criteria: a. Character, Interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b. Embodiment of distinguishing characteristics of an . architectural type or specimen. c. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- in8 to a plan based on architectural, historic or cultural motif. d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. e, A building or structure that because of its location has become of value to a neighborhood, community area or the city, f. Value as an aspect of community sentiment or public pride. 6, 704 wr esV t Oak - Neets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States, b. Embodiment of distinguishing characteristics of an architectural type or spectmen, c. Relationship to other disrinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States, e. A building or structure that because of its location has become of value to a neighborhood, community area or the city. E. Value as an aspect of community sentiment or public pride. I ;f HLC Minutes July 14, 1966 Page 6 7. 716` W~ eipak - Meets the following criteria: as Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, oC the United States, b.• Embodiment of distinguishing characteristics of an architectural type or specimen, c, Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- in to a plan based on architectural, historic or cultural motif. d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. e. A building or structure that because of its location has become of value to a neighborhood, community area or the city, f. Value as an aspect of community sentiment or public pride, 8. gut west Oak - Meets the following criteria: a, kelationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif, b, A building or structure that because of its location has become of value to a neighborhood, community area or the city. . 9, yua__ _West Oak - Meets the following criteria: a. development, heritageroracut uraiacharacteristics of the City of Denton, State of Texas, or the United States, b. Embodiment of distinguishing characteristics of an architectural type or specimen, c. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing ;o a plan based on architectural, historic or cultural motif. d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. e. A building or structure that because of its location has become of value to a neighborhood, community area or the city, f. Value as an aspect of community sentiment or public pride. lu. Rear of 904 West Oak (Lots 4.1 and 4,2, City Block 488) Mr. Lawry moved that lots 4.1 and 4.2, block 488, be excluded. Seconded by Mr. Miller and unanimously carried (8-0). it. 912 West - Meets the following criteria: a. deChaveralcter, Interest heritagororaculturalacharacteristics of the City of Denton, Statu of Texas, or the United States. b. Embodiment of distinguishing characteristics of an architectural type or specimen. c. Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. HLC Minutes July 14, 1986 Page 7 i d, kelationship to other distinctive buildings, sires r or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. e. bxemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States, f. A building or structure that because of its location has become of value to a neighborhood, community area or the city, g. Value as an aspect of community sentiment or public pride, 1t. 918 West s . Meets the following criteria: e.. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States, b, kelationship to other distinctive buildings, sites or areas which are eligible for preservation accord- inq to a plan based on architectural, historic or cultural motif. c. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. d. A building or structure that because of its location has become of value to a neighborhood, community area or the city, e. Value as an aspect of community sentiment or public pride. Mr. Lowry movrd that 918 West Oak be designated as eligible for inclusion but not included. Seconded by Mr. Miller and unanimously carried (8-0). 13, 914 West Oak - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States, b, Embodiment of distinguishing characteristics of an architectural type or specimen. c. Relationship to other distinctive buildings, sires or areas which are eligible for preservation accord- ing to a plan based oik Frchlrectural, historic or cultural motif. d. Exemplification of the cultural, oconamic, social, ethnic or historical heritage of the city, state or United States. e. A building or structure that because of its location has become of value to a neighborhood, community area or tho city. f. Value as an aspect of community sentimenr or public pride. 14. 1u04 West Oak - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United states. b. Embodiment of distinguishing characteristics of an architectural type or specimen. c. Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. MLC Minutes July 14, 1956 Page a • d, Relationship to other distinctive buildin s, sites r• or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. e. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. f. A building or structure that because of its location has become of value to a neighborhood, community area or the city, g. Value us an aspect of community sentiment or public pride. 1S. 1019 West Oak - Meets the following criteria: a. Character, interest or value as part r„ the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b. Embodiment of distinguishing characteristics of an architectural type or s ecimen. c. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. d, Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. e. A building or structure that because of its location has become of value to a neighborhood, community area or the city. f. Value as an aspect of community sentiment or public pride. 16, 1u35 West usk - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. h.,r Embodiment of distinguishing characteristics of an architectural type or specimen. C. Identification as the work of an architect or master builder whose individual work has influenced the development of the city. d. Embodiment of elements of architectural design, detail, materials or craftsmanship -rhich represent a significant architectural innovation, e. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. f. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. g. Identification with a person or persons who significantly contributed to the culture and development of the city, state or United States. h. A building or structure that because of its location has oecome of value to a neighborhood, community area or the city. . I. Value as an aspect of community sentiment or public pride. 17, 1009 and lull W si Uak Du lex) - Meets the following cri`ter a: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United H LC Minutes July 1,, 1486 Page 9 b. Relationship to other distinctive buildings, sites ir- or areas which are eligible for preservation accord. In to a plan based on architectural, historic or cultural motif. c. Exemplification of the cultural economic, social, ethnic or historical heritage of the city, state or United States. d, Identification with a person or persons who significantly contributed to the culture and development of the city, state or United States. e, A building or structure that because of its location has become of value to a neighborhood, community area or the city, f. Value as an aspect of community sentiment or public pride. 18. 923 West Oak - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b. Embodiment of distinguishing characteristics of an architectural type or specimen. c. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. e. A building or structure that because of its location has become of value to a neighborhood, community area or the city. f. Value as un aspect of community sentiment or public pride. 19•. 921 West Oak - Meets the following criteria: a. Character, Interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. c. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States, d. A building or structure that because of its location has become of value to a neighborhood, community area or the city. e. Value as an aspect of community sentiment or public pride. 20. 91S West oak - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b. Embodiment of distinguishing characteristics of an architectural type or specimen. c. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- Ing to a plan based on architectural, historic or cultural motif. d. Exemplification of th* cultural economic, social, othn c or historical heritage o the city, state or .nA e..... J r.r r. ♦ a i.. -.S S I e. r-w:r- i tr~\4 I HLC Minutes July 14, 1986 Page 10 e. A building or structure that because of its location r has become of value to a neighborhood, community area or the city. f. Value as an aspect of community sentiment or public pride. 21. 903 West Oak - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b. Relationship to other distinctive buildings, sires or areas which are eligible for preservation accord- in to a plan based on architectural, historic or cultural motif. c. Exem liflcation of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. d. A building or structure that because of its location has become of value to a neighborhood, community area or the city. e, value as an aspect of community sentiment or public pride. Mr. Lowry moved that 903 West Oak be eligible for inclusion, but not included. Seconded by Mr. Boyd and unanimously carried (8.0). LL. 801 West Oak - Meets the following criteria: • a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Tex&3, or the United States. b. Embodiment of distinguishing character'.stics of an architectural type or specimen, c. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. d, Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. e, A building or structure that because of its location has become of value to a neighborhood, community area or the city. E. Value as an aspect of community sentiment or public pride, 23. 717 West Oak - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b. Embodiment of distinguishing characteristics of an architectural type or specimen. c. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. e. A building or structure that because of its locution has become of value to a,neighborhood, community area or the city. f. Value as an aspect of community sentiment or public pride. HLC Minutes July 14, 1b86 Yage It P 24. 711 West Oak Meets the following criteria: a. Character, interest or value a<< part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States, b. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- in to a plan based on architectural, historic or cultural motif. c. Exem lification of the cultural, economic, social, ethnic or historical heritage of the city, stare or United States. d, A building or structure that because of its location has become of value to a neighborhood, community area or the city. e. Value as an aspect of community sentiment or public pride. 2S. 619 West Oak - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b. Embodiment of distinguishing characteristics of an architectural type or specimen. c. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif, d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. e. A building or structure that because of its location has become of value to a neighborhood, community area or the city. f. Value as an aspect of community sentiment or public pride. 26. 615 West Uak - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States, b. Relationshi to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectu rrl, historic or cultural motif. c. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. d. A building or structure that because of its location has become of value to a neighborhood, community area or the city. e. Value as an aspect of community sentiment or public pride, 27, 6u1 West Oak . Mr. Lowry moved that 601 West Oak be excluded, Seconded by Ms. Conrady seconded unanimously carried (8.0). 28. 109 Williams and 601 and 604 West Hickory (one lot) eets the o ow ng criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, Srare of 'meas. nr rho unitod 7W_' vtl. F. HLC Minutes July 14, 1986 . Page 12 r b. Embodiment of distinguishing characteristics of an architectural type or specimen. c. Relationship to other distinctive buildin s, sites or areas which are eligible for preservation accord- i,ng to a plan based on architectural, historic or cultural motif, d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. e. A building or structure that because of its location has become of value to a neighborhoud, community area or the city. f. Value as an aspect of community sentiment or public pride, Mr. Marino left the meeting. 29. 608 and 610 West Hickory - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas or the United Slates, ' b, Embodiment of distinguishing characteristics of an architectural type or specimen. C. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. • d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. e, A building or structure that because if its location has become of value to a neighborhood, community area or the city, f. Value as an aspect of community sentiment or public pride, 3u. 614 West Hickolt - Meets the following criteria: a. Character, interest or value as part of tle development, heritage or cultural characteristics of the City of Denton, state of Texas, or the United States. b. Embodiment of distinguishing rnaracteristics of an architectural type or specimen, c. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif, d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. e. A building or structure that because of its location has become of value to a neighborhood, community area or the city, f. Value as an aspect of community sentiment or public pride. 31. 620 West Hickory - Meets the following criterion: Relationship to other distinctive buildings, sites or areas architectural, historic oor acultural motif. 32. 700 West Hickory - Meets the following criteria: a. Character, interest or value as parr of the development, heritage or cultural characteristics . r:~n HLC Minutes July 14, 1986 Page 13 I' b. Embodiment of distinguishing characteristics of an architectural type or specimen. C. kelationship to ocher distinctive buildin sites or areas which are eligible for preservation accord- A ng to a plan based on architectural, historic or cultural motif. d. 6x6molificstion of the cultural, economic, social, ethnic or historical heritage of the city, state or United States, e. A building or structure that because of its location has become of value to a neighborhood, community area or the city. f. Value as an aspect of community sentiment or public pride. 33. 704 West Hickory - Meets the following criteria: a. Character, Interest or value as part of the development, heritage or cultural characteristics if the City of Denton, State of Texas, or the United States. b. Relationship to other distinctive buildings, sires or areas which are eligible for preservation accord- ing to a plati based on architectural, historic or cultural motif. c. Exem lification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States, d. A building or structure that because of its location has become of value to a neighborhood, community area or the city. e. Value as an aspect of community sentiment or public pride. 34. 710 West Hickory - Meets the following criteria: a. Character, Interest or value as part of the development, horitage or cultural characteristicS of the City of Denton, State of fexa.i, or the United States. b. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. C. Exemnlificarlon of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. d. A building or structure that because of its location has become of value to a neighborhood, community area or the city. e. Value as an aspect of communi'v sentiment or public pride. 35. 714 West Hickory - Meets the following criterion. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif. 36. 720 and 722 West Hickok - Meets the following criteria: . a. Character, Interest or value as part of the development, heritage or cultural characteristics of the City of Denton, Stcre of Texas, or the United States. b. Relationship to other distinctive buildings, sites or areas which are eligible for preservation r.ccord- in to a plan based on architectural, historic or ' --ultural motif. HLC Minutes July 14, 198b . Paps 14 r c. Exemplification of the cultural economic, social, ethnic or historical heritage o the city, state or United States. d, A building or structure that because of its location has become of value to A neighborhood, community area or the city. e, Value as an aspect of community sentiment or public pride. 37. 80o West HickS - Meets the following criteria: a. Character, interest or value as part of the ofvthepCity,ofeDenton, oStatetofaTexas, orethetunited States. b, Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. c, Exemplification ;f the cultural, economic, social, ethnic or historical heritage of. the city, state or Untied States. d. A building cr structure that because of Its location ias become of value to a neighborhood, community area or the city. e. Value as an aspect of community sentiment or public pride. 38. 8u4-West Hicks - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural (:haracteristics of the City of Denton, State of Texas, or the United States. b. Embodiment of distinguishing characteristics of an architectural type or specimen. c. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. e. A building or structure chat because of its location has become of value to a neighborhood, community area or the city. f. Value as an aspect of community sentiment or public pride. 39. 812 West Hickory - Meets the following criteria: s. Embodiment of distinguishing characteristics of an architectural type or specimen. b. Relationship to other distinctive buildings, sites or areas which are eligible for presers-ation Accord- ing to a plan based on architectural, historic or cultural motif. 4U. 814 West Hickory - Meets the following criteria: a. Charactert interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b. Embodiment of distingal shins characteristics of an architectural type or specimen. c. Relationship to other distinctive buildings, sites 17~ 11 HL(; minutes Jul 4, 1966 Pagn is d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. e. A building or structure that because of its location y. has become of value to a neighborhood, community area or the city. f. Value as an aspect of comjunity sentiment or public pride. 41. 819 West Hickory - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. c. Exemplification of the cultural, economic, social, arhnic or historical heritage of the pity, state or United States. d. A building or structure that because of its location has become of value to a neighborhood, community area or the city. e. Value as an aspect of community sentiment or public pride. 42. 822 West Hickok - Meets the following criteria- a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Uenton, State of Texas, or the United States. b. Relationship to other distinctive buildings, sires or arras which are eligible for preservation accord- ing ►o a plan based on architectural, historic or cultural motif. c. Exemplification of the cultural economic, social, ethnic or historical heritage of the city, state or United ;rates. d. A building or structure that because of its location has become of value to a neighborhood, community area or the city. e. Value as an aspect of community sentiment or public pride. 43. 902 Wast Hickok Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b. Embodiment of distinguishing characteristics of an architectural type or specimen. c. kelationship to other distinctive buildings, sites or areas which are eligible fog nervation accord- ing to a plan based on architectural, historic or cultural motif. d. Exemplif:cation of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. e. A building or structure that because of its location has become of Value to a neighborhood, community area or the city. f. Value as an aspect of community sentiment or public pride. HLc. utnutea Jul t, 1986 Page 16 44. 904 Nest Hickor Meets the following criteria: a. Character, interest or value as pArt of the development, heritage or cultural characteristics it of the City of Denton, State of Texas, or the United States. b. Relationship to other distinctive tuildinggs, sites or areas which are eligible for pr#servatton accord- Ing to a plan based on architectural, historic or cultural motif. c, Exemplification of the cultural economic, social, ethnic or historical heritage oi< the city, state or United States. d. A building or structure that because of its location has become of value to a neighborhood, community area or the city. e. Value as an aspect of community sentiment or public pride. 4S. 906 Nest Hickory - Meets the following criteria: a. Character, Interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b. Relationship to other distinctive buildings, sits or areas which arm eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. c, lixemplification of the cultural, economic, social, ethnic ur historical heritage of the city, state or United States. d. A building or structure that because of its location has become of value to a neighborhood, community area or the city. e. Value as an aspect of community sentiment or public pride. 46. 912 West HickoEX - Meets the following criteria: a, Character, interest or value as part of the development, heritage or cultural characteristics of the City of Uenton, State of Texas, or the United Sates. b. ;.elstionshin to other distinctive buildings, sites or areas which are eligible for preservation accord- inQ to a plan based on architectural, historic or cultural motif, c. Exemplification of the cultural, economic, soclal, ethnic or historical heritage c~' the city, state or United States. d. A building or structure that because of its location has become of value to a neighborhood, community area or the city. e. Value as an aspect of community sentiment or public pride. 47. 916 West Hickory - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United states. b. Embodiment of distinguishing characteristics of an architectural type or specimen. c. kriationshlpp to other distinctive buildin s, sites or areas which are eligible for preservation accsrd- ing to a plan based on architectural, historic or cultural motif. 10 7" HLC 'notes Jul, .4, 1986 page 17 d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, scats or United States. e. A building or structure that because of its location has become of value to a neighborhood, community area or the city. f. Value as an aspect of community sentiment or public pride. 48. 920 West Hickary - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b. Embodiment of distinguishing characteristics of an architectural type or specimen. c. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United Sts*'es. e. A building or structure that because of its location has become of value to a neighborhood, community area or the city. f. Value as an aspect of community sentiment or public pride. 49. 918 West Hickory - Meets the following criteria: a. Character, interest or value as part of the ofdevelopment, ofheritage State /0 f ch~racteristlcs ton, or ethe tUnited States. b. Embodiment of distinguishing characteristics of an architectural type or specimen. c. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- in to a plan based on architectural, historIL or cultural motif. d. kxem lification of the -ultural, economic, social, ethnic or historical heritage of the city, state or United States. e, A building or structure that because of its location has become of value to a neighborhood, community area or the city, E. Value as an aspect of community sentiment or public pride. SU. 1000 West Hickory - Meets the following criteria: a. Character, lnturest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b, Embodiment of distinguishing characteristics of an architectural type or specimen. c. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif, d. Exemplification of th^ cultural, economic, social, ethnic or historical heritage of the city, state or United Stated, e. A building or structure that because of its location has become of value to a neighborhood, community area or the city. f. Value as an aspect of community sentiment or public pride. HLC pYt ea Jul, a4, 1986 Page is S14 1004 West Hickory - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics r of the City of Denton, State of Texas, or the United States. b. Relationship to other distinctive buildin s, sites or areas which are eligible for preservation accord- in4 to a plan based on architectural, historic or cultural motif. Exe■ lification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. d. A building or structure that because of its location has become of value to a neighborhood, community area or the city. e. Value as an aspect of community sentiment or public pride. 52, 1006 West Hickory - Meets the following criteria: a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United States. b, Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. c. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. d. A building or structure that because of its location has become of value to a neighborhood, community area or the city. e. Value as an aspect of community sentiment or public pride. 53. 1010 West Hickory - Meets the fullo•'.ng criteria: a. Character, interest or value as part of the development, heritage cr cultural characteristics of the City of Denton, State of Texas, or the United States. b. Embodiment of distinguishing characteristics of an architectural type or specimen. c. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- ing to a plan based on architectural, historic or cultural motif. d. 8xempli'ication of the cultural, economic, social, ethnic r historical heritage of the city, state or United States. e. Identification with a person or persons who significantly contributed to the culture and development of the city, state or United States. f. A building or structure that because of Its location has become of value to a neighborhood, community area or the city. g. Value as an aspect of community sentiment or public ride. S4. 1013 West Hickory - Meets the following criteria: M a. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas, or the United 0>tates, b. Embodiment of distinguishing characteristics of an architectural type or specimen. ~,i■rrmrrnair~ . R_r^~". cry---, 1• .,....,ter:, a r,, HLC Minutes July 140 1986 Page 19 c. Relationship to other distinctive buildings, sites or areas which are eligible for preservation accord- r in to a plan based on architectural, historic or cultural motif. d. Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States. e. identification with a person or persons who significantly contributed to the culture and development of the city, state or United States. f. A building or structure that because of its location has become of value to a neighborhood, community arere or the city. S. Value as an aspect of community sentiment or public pride. Mr. Lnwr), moved for ratification of properties ?nd criteria for properties in the proposed Historic District, Seconded by Ms. Conrady, Roll Call vote: Randall Boyd - Aye Catherine Conrady - Aye Gaylen Dickey - Aye Bullitt Lowry - Aye rom Miller - Aye Sandra Matthews - Aye Mlk: Cochran - )~.ye Motion unanimously carried (7-0) Mr. Miller moved that page It paragraph d, of the Oak Street Historic District Preservation Plan should read "late nineteenth and twentieth century." Mr. Boyd stated that the motion should say "late nineteenth to most of the twentieth century," Mr. Miller amended the motion to "late nineteenth and most of the twentieth century." Seconded by Mr. Boyd and unanimously carried (7-U). Mr. Boyd moved to approve the Oak Street Historic District Preservation Plan as follows: "UAK SrREET HISTORIC uisfkicr DISTRICT PRESERVATION PLAN Presented Pursuant to Article z8A-14 (f) Appendix B, Zoning Ordinance Code of Ordinances of the City of Denton The City of Denton has de~.'sred it to be public policy to protect, enhance, preserve, and use historic landmarks and declared that such a policy leads to the culture, prosperity, education, and general welfare of the people of the city (Article 28A-1). Integral to the carrying our of those purposes is the creation oC Historic Districts, and the technical requirements for the creation and administration of Historic Districts is stated in detail in the Code of Ordinances of the City of Denton. It should be noted that the Denton Ordinance has been certified by the U. S. Department of the Interior. 't'he City of Denton Historic Preservation Plan, adopted by the city Council in 1986, states that a major goal of the city is tno creation of Historic Districts, and the plan singles out Usk Str*er a~ one area in which it would be desirable to create a Historic ulstrict. HLL Minute* July 14, 1966 Page to West Oak Street from Williams to Welch is what was referred to by citizens in earlier years as "Silk Stocking Row." Beginning in the late nineteenth century, a number of substantial private homes were built along that five-block stretch. The same sit- uation, to a slightly less affluent degree, pertained on West Hickory Street. As the evolution of the streetscape occurred, some remodeling took place, and some new construction occurred. As a consequence, that five block area of West Oak Street, the north side of West Hickory Street, Williams Street, Denton Street, and part of the south side of Pogarl Street, contains representative architecture from the lace nineteenth and most of the twentieth century, thus, from the origins of West 04k Street and West Hickory Street and because of their later evolution, the creation of the Oak Street Historic District will substantially further the goals of public policy set forth by the City of Denton, i, zoning Classification of Uses It must be remembered that inclusion within a Historic District, like individual Historic Landmark designation, is an overlay zoning, in which property retains its basic zoning classification, 'rho majority of structures on West Oak Street were In place before the City of Denton enacted its first zoning code. As a consequence there are several non- c In a onforming uses of land within the district. In 1968, multi-Family dI (lowndensityeaparea was artmentsdbeingathe pri- unary land use under that classification). In 1976, at the request of the West Oak Street Association, the Lity of Denton began the policy of permitting voluntary back-zoning on West Oak Street to the Single Family classification without payment of the customary fees. As a consequence, the Oak Street part of the area now is about evenly divided between Multi-Family and Single Family classification. The distribution of those two classifications is uneven; however, several blocks are now, in effect, spot-zoned Multi-Family. It is recommended that thty. City Council continue to encourage back-toning to ;tingle gamily to reduce as much as possible the inequities of this situation. It Is also recommended that the City Council allow the owners of property within the Historic District on the north side of Hickory Street and on Williams, Denton, end Pearl Streets to petition for similar back-zoning without payment of the customary fees, It is also recommended that the staff of the Planning and Development Office of the City of Denton strive to reduce nonconforming uses within the Historic District as they are able to review them. In any application for construction or remodeling petitioners are advised that the City of Denton will be guided by "Architectural. Standards for Existing and Propooed Structures in Historic Districts " passed by the Historic Landmark Commission on March f0, 198o, which is hereby attached by reforence to this Oak Street Historic District Preservation Plan, 11, Building Code Requirements No major revisions of the Building Codn are envisioned, except as they may be indicated by "Architectural Standards for Existing and Proposed Historic Districts." HLC Minutes July 14, 1986 rose 11 It is recommended that the Building Lode Inspector undertake an examination of the building Code to r recommend changes that would make it possible to move historic structures into the Oak Street Historic District, should such an action be found desirable in the future. 111. Sign Regulations The "Arcllltact uraI Standards for Existing and ?reposed historic Uistriers" makes the following remarks on sign regulation: A. No permanent or temporaryy detached sign will be allowed in the Historic District, except signs announcin;i construction or the sale U the property or political signs no larger than 18" x 14" at times as allowed t.y the City of Denton, 8. Permanent attached signs shall meet the following guidelines: 1, They must be architecturally integrated with the structure; 1. Their placement must not obscure oignificant architectural or ornamental elements of the structure; 3. Che sign and the size of the lettering on the sign must be proportional to the size of the building; 4. The Color of the sign and its lettering must be compatible with the structure; C. Attachmonts which have the effect of serving as advertising, including but not limited to banners, flags, and balloons, must be approved by the His- toric Landmark Commission, except for flags of the United States and the State o=exas, which shall be of a site and placement appropriate to the structure. 1V, Parking Regulations It is recommended that the City Cor,ncil examine alternatives that would have the effect of limiting parking, particularly on Hi:kory 5treer, to minimize the negative effects of the overflow of vehicles from the large aulti-family complexes Louth of Hickory Street. V. Architectural Kegulations In accordance with the instru-lions set forth in Article ZBA•14 (f) (S), the 'historic Landmark com- mission has adopted "Architectural Standards for Existing and Proposed Historic Districts." In pre- paring that document the Historic Landmark Commission WAS uided by the U. S. Secretary of the Interior's Standards for Rehabilitation. VI. Trtnsit and Traffic Operations Both West Oak Street and West Hickory Street serve as major east-west thorcughfares. In addition to monitoring traffic intensity of those streets, it is recommended that the City of Denton bear in mind the need to provide additional east-west traffic carriers as it undertakes major capital Improvements to the City's traffic system. 1000000100 HLC Minutes: July 14, 1P86 Page 22 O V11. Public improvements r . As the City of Denton continues its regular program of maintenance, it is recommended that it try to bring public elements of the streetscape into keeping with ,the nature of the Historic District. One early prior- ity would be to replace the fixtures for street light- ing with elements more in keeping with the nature of the Historic District, V111. Landscaping Much of the character of the Usk Street Historic District comes from its vegetation, especially its old trees. No tree with a diameter greater than three inches measured one foot above ground level shall be removed without the approval of the Historic LP- nark Commission. The Historic Landmark Commission s.+all generally permit such removals only for purposes of public safety or for specific purposes demonstrable to the Historic Landmark Commission, and in return for allowing such removal it will generally require the planting of a comparable tree at some other appropriate place on the site." Seconded by Mr, Miller. troll call vote Kandall Boyd , 'ye Catherine Gonra.y - Aye . Gaylen Fickey • Aye builitt Lowry Aye Yom Miller - Aye Sandra Matthews - Aye Mike Cochran - Aye Motion unanimously carried (7.0) Ms. Spivey su gested that the public hearing on th,s West Oak Street Histor?c District be held on either Wednesday, July 30 or Wednesday, August 6, 1986. She asked if any of the Com- missioners had a preference of time. Mr. Fickey stated that he would prefer the meeting to be held at 5.30 P.M. Mr. Lowry moved that the district public hearing be held on July 30, 1986 at 5:30 p.m. Seconded by Mr. Fickey and unani- mously carried (7-0). V. Discussion of 714 West Hickory Street, Mr. Cochran reported that the property at 714 West Hickory Street is not being developed in compliance with ?lie site plan approved by the historic Landmark Commission. Debra Drayovltch, City Attorney, said she would contact the developer's attorney, Mike Whitten and report back to the Historic Landmark Commission with further details. Vi. New business Mr. Cochran ,Stated that he had been chairman of the Historic Landmark, Commission for a year And asked for nominatio»s for a new chairman. Mr. Lowry moved that Mr. Cochran be re-elected chalrmaa. Seconded by Mr. Miller. Mr. Fickey moved that nominations cease and that Mr. Cochran be elected chaireain. SscondeO, by Mr. Miller and the motion HLC Minutes July 30, 1986 Page 4 i PUbLIC HfiA1tt2= r Petition of the Denton Historic Landmark Commission requesting historic landmark designation of the West Oak Street Historic District. The boundaries of the proposed district are as follows; South side of Oak Street from Williams to Welch streets, South side of PearltStreetrfrom WilliamsotoFulton Denton streets, s, North side of Hickory Street from Williams to Welch streets. The property is more particularly described as City of Denton block numbers 328, 3290 330, 336, 476, 488 and part of block 475. Chairman Cochran opened the public hearing and requested that individual comments be limited to five minutes. Penny Hdyvean, 1000 West Hickory Street, asked how the Historic District would affect her. Mr. Cochran stated that a historic district is an investment in the homes and increased protection of the neighborhood. Mr. Lowry stated that historic zoetin and historic disrricts overlay the existing zoning. He said that tae historic designation would not affect non-public or interior environments but only the exterior facade. L. S. Forester, 710 W. Hickory, asked what could be changed on the exterior facade, Mr. Lowry stated that regular maintenance and repairs could be performed but that architectural changes would need the approval of the Historic Landmark Commission. Mr. Forester asked if he could demolish his structure. Mr. Lowry stated that he would need the permission of the Historic Landmark Commission. Mr, Cochran stated that the Historic Landmark Commission took into consideration the Aconomic ability of the property owners to maintain the property. Mr. Forester stated thrt he objected to the proposed historic district, He said that he owns a delapidated old house and plans only to keep it in a condition so that it can be occupied. He said that he doesn't want to be handicapped where he would be unable to sell or demolish it. Mr. Lowry said that historic zoning didn't affect the owner's right to sell the property. ,dr. Forester said that he was afraid that the historic zoning, might decrease his property value. He said that the only use for his structure is as rental property to college students because the a'ccucture is in such poor condition. Mr. Boyd stated that historical designations usually increase property values. Mr. Forester said that he is willing to take his chances. He said . uses.peHeoasked aboutlthethistoricalavalueiofhouse structure i at i710 West Hickory. Mr. Cochran said the house U of value because it is in a neighborhood with a collection of historical houaei ane it has a relationship to then, R..... . duC 41nut1916 Pa=~ 5 Mr, Forester stated that the houses on Oak Street are far supovior to Vhose on Hickory Street. Robert Crouch, 801 North Locust, stated that he owned a four unit r apartment at 812 west Hickory, a sin le family house at 814 West Hickory and a arage apartment at $1 1112 West Hickory. He said that he opposed the placing of his properties in a historic district because he felt it was a violation of his ri hts as an owner and a realtor to have someone else decide what coufd be done with his property. Mr. Lowry asked if he opposed zoning as a philisophicsl issue, Mr. Crouch said he did not oppose zonin; for those who requested it, but he did not feel it was right to be forced into a zoning designation. Mr. Lowry asked him if he Celt a11 toning shoi+ld be voluntary. Mr. Crouch said that he objected to having his -ights removed. He said that it was wrong for a commission or a person to zone his property. He stated that property owners have the right to make decisions about their property unless the property is condemned by the government using due process. Mr. Cochr++n asked Mr. Crouch if, as a realtor, he had seen any indication that property values decrease as a result of a historic district. Mr. Crouch said no. Mr. Marino asked if this is the first time Mr. Crouch had heard of the proposed district, Mr. Crouch said that this is the first time he has articulated his objections because this is the first time the district included the wnole block. Mr, Boyd said that this was the third public hearing on the proposed historic district. He said that Pearl Street was not included in the first hearing but the boundaries had remained the same in the second and third hearings. Harman W, Lantrip, 1005 Gregg, stated that his house had not been incluOd d in the previous boundaries of the proposed historic dis- trict. He said that he purchased his house 30 or 40 years ago and has made improvements, He stated that he wishes to ~e excluded frim the proposed district. He said that the district is fine for those who wish to be included but that he should not be forced into a historic district. Bill Do gett, 918 West Cak, stated that he had been opposed from the beginning and had articulated this fact at previous meetings. He said that a man's home is his castle and that he or she should have the prerogative to do what is best for it, within reason. He said that many of the property owners in the proposed district have renovated and improved their homes using their own discretion. He said that this is their right es property owners. He said he had no objection to anyone who wants their home included in the historic district but chat he didn't wish to be included. Mr, Cochran inquired as tt, the color of his house. Mr. Doggett replied th&t it is light gray. He said that it needed painting and that he intended to improve it when financially possible. He said that he intended to rely on his own taste and would not paint it purple or add an inappropriate facade. Mr. Cochran asked him if him thought it would affect his property value if his neighbors painted their house purple. HLr Minutes Ju 30, 19$6 Page b Nr. Lowry said that the ordinance is intended to prevent inappro- priate painting or renovation, not to restrict the property owners, kr. Dog att said that he had faith in his neighbor's taste, ind that r in the V'rure he would fix his house as he saw fit, Mr. Cochran stated that Mr. Doygett's house was noted as excluded but is eligible for inclusion In the historic district if at some time in the future Mr. Doggett or a new owner wished to have the property included, Leighton Le Claire, 924 West Osk, stated that painting is maintenance and includes the right of color choice. He said that the painting issue was the most ridiculous point in the ordinance. He said that he opposes any ordinance that restricts his right to choose paint color, roof material or add siding to hts home. Mr. Miller asked if he would object*;, the neighbors painting an obscene picture on the house. Mr. Le Claire said that he would defend anyone's ri ht to do so and would strive to maintain a relationship with his no ghbors that would not drive them to such extremity, He also stated that unlike some of his neighbors, he was not opposed to the idea of a historic district. He said that the ordinance should be written to preserve the cultural value, but not restrict the ri hts of property owners in the district. He said that a historic district Night increase property values but that he did not wish his property to be included. Mr. Lowry stated that an ordinance allowing the historical zoning of individual properties and regulating the establishment of historic districts was passed in 1980. He said the ordinance has boon filed with the United Stated Department of Interior so that the people who have historical zoning would be able to obtain tax advantages. He said that a certificate of appropriateness is a blank form that can be filled out and is to be used as an Internal document. He reite- rated that the purpose of the public hearing is to decide which properties would apply to the City of Denton Ordinance 40.30, Ms. Bdyvean asked if her property is Included in the proposed historic district. Mr. Boyd said yrs. Ms. Edyvean said that it had been mentioned that there is a possibility that property values would 'increase because of the historic district. She said that she could foresee that possi- bility on Oak Street but not on Hickory Street because there are so many appartments and homes that are not well maintained, She said that she is afraid that a historic district might cause her property to be valued at more than anyone would want to pay to live next to run-down houses or apartments. Mr. Cochran said that it is the hope of the Historic Landmark Commission that the historic district would hn an attractive fer,+eure of the neighborhood and would encourage land owners in and around the district to maintain their properties, Ms. Edyvean asked if future owners would be prohibited from putting in apartment complexes. Mr. Boyd stated that the ordinance does prohibit chap ing the historical nstura of the property. He said that the istoric Land- mark Commission and City Council would have to approve a demolition of a house and its replacement with apartments. He said that cur- rent uses are not in any way affected by the historic district and the purpose of the district is to maintain the character of the neighborhood. He also rsid that the property is currently toned for residential type user and any other usage would rqulre a zoning ~~MONO HGC +inates Ju. 5G. 1986 Pagu 7 chan11e. He said that although the Property owner might lose the . forelrhet', hborhoodrstabilityewouldl40 Maintainl also ed. He said hthat the vbry nature of zoning is to place certain restrictions on prop- f. arty owners so that the surrounding property can be protected. Ms. Bdyvean asked if she could remove a porch that had been added after the house was built, Mr. Boyd said that if the exterior facade was affected, a short appearance before the Historic Landmark Commission would be neces- sary to explain the reason for the action and a certificate of appropriateness could be issued. He stated that this is only a wouldunot deny requeate°thatdweretinhkeepingrw~thatheachiaracter'of" the neighborhood. He said that to his knowledge the Historic Land- mark Commission had never denied anyone with a reasonable request, Ms, Bdyvean asked how long it took to process a request, Mr. Lowry stated that the Historic Landmark Commission meets once a month. Mr. Boyd stated that the Historic Landmark Commission had never turned down a request for a special meeting, Kr. Lowry stated that the Historic Landmark Commission's guidelines interior'srStandards fortkehabilitationof the s and the National Trust for Historic Preservation's Guide to Rehabilitation. He said that these documents are legally binding upon the Historic Landmark Commission. Richard Bdyvean, 1000 West Hickory, asked if the proposed historic district would affect the single family and multi-family relation- ships or if it just affected the exterior maintenance of the buildings. Mr. Boyd stated that the basic zoning that is already in place would be unaffected because the historic zonin is an overlay type of zon- ing. He said that it would be possible her back-zoning to occur if anyone wanted to change their zoning back to single family, Mr. Lowry stated that Ordinance 80-30 dealing with the establishment of a historic district is an amendment to the City of Denton Code of Urdinances. He said that a set of standards have been required and the Historic Landmark Commission has adapted the standards used by the united States Department of the Interior, Paul Davidson, representing Delta Slims Phi Fraternity Gamma XI at stated zation is areounsure of being their future plans for the property, Mac, Lowry stated that the Historic Landmark Commission had originally exc!udej the property but the last issue of the fraternity's publica- tion boasted that the building was about to be included in a historic district, He sold that he had talked to Hal Jackson, a representa- tive of the Alumni Control Board, and had been told that the fratern- ity wished to be included, Mr, Davidson stated that the or anization wished to be eligible for inclusion but not included in the historic district, Mr. Lowry stated that the Historic Landmark Commission would need property duo toweistatementhof HaleJacksonl,sthehControliBoard's legal representative. Brian Kruger, 614 West Hickory, stated that he is opposed to the district. He said that although the north side of Hickory Street is included in the boundaries of the historic district, the name of the HLC !nutes J41, J0, 1986 Page 8 district is the West Oak Street Historic District. He said that he hole ownerton thesnorth Sides OfeHickory Stroefrdidcany'iupcovement s, there was no guarantee that the property on the south side of Hickory Street wouldn't develop into apartments and ruin the investments of home owners on the north side. He said that if there is going to be a historic district, it should include Ooth sides of Hickory Street. He said that everything on Mulberry had been built after 19$0 and everything on'Hickary was older so It would be bet~er to draw the ofuHickoriStreet. HeMsaidrthatnheHwouldybenInef d nr down the middle under those circumstances, aver o£ the district Mr. Boyd stated that Mr. Kruger made a lood inclusion of the south side of Hickory Stre argument for the boundaries had to be drawn somewhere andthe et said y.hadeincludedaa the block, He said that the south side of Hickory Street is likely to be added to the district in the future. Mr. Kruger said that there is no guarantee that this would occur in the future and asked if it is possible to change the boundaries now. Mr. Lowry stated that there is a time limit evolved with the passage havehnodobjection if thedpropertytowners amark southsside ofuHickory Street petitioned to be included in the district. Mr. Kruger said that he supported preservation but could not support the proposed historic district unless the south side of Hickory Street is included in the district, Mr. Cochran stated that the petition for historic toning had come from area residents, and that the historic district was not an original idea of the historic 1,andmark Commission. Ms. Conrady asked if residents of Hickory Street had signed the petition, Mr. Lowry said that nobody on the south side had signed, just the north side, Mr. Le Claire asked how many persons had signed the petition to have historic toning, Mr, Boyd replied about 50 or 60 had signed, Mr. Le Claire said that there were not that many homes in the district, Mr, Lowry stated that some properties were jointly owned by morn then one person. Mr. 5dyvean stated that he is In favor of the proposed district and would also be in favor of the inclusion of the south side of Hickory Street, Richard hayeA, 819 West Oak stated that he felt the main Issue of concern is the boundaries ott the proposed district, He said that he was in favor of at least the boundaries as presently drawn and that no individual property should be excluded in order to maintain con- sistency and orderly development of a significant historical area, Murray Ricks, 70S West Oak, sand that his family had lived In Denton for four enerations and that he had always been proud of Oak Street and the old houses in the area, He said that over the years he has seen irreplacable houses fall by the wayside. He said that the historic district will function as a protective cocoon for these homes and should be started and then expended as necessary or as requested. He sold that the historic district would improve and enhance the City as a whole, HLC autos July .dt 1916 Page 9 was Conrady stated that she agreed with Mr. Ricks. She said that hen she moved here from Baltimore, she wvondered about the historic consciousness of Denton. She said that she is proud of Denton and that Is why she is on the Historic Landmark Commission. She said r of, andecreateopride inmDenton's`history. eShe saidethat tanyoneuwho has ever traveled to a historic district can easily see the value of one. Chair declared public hearing closed. Mr. Cochran stated that he owned rental property within the proposed district and that he is willing to acc6}t the obligations involved. He said that he felt It would increase the value of his property and that he considered the entailed obligations a gift to the community, Mr. Lowry stated that there is a notion that the ordinance allowing for the creation of a historic district appeared overnight. He said that the notion is incorrect. He said that a number of residents on Thesetresidents aconcerned about what was twhatrcould be done to protect their neighborhood. The County Historical Com- mission asked the Texas Historical Commisslon which sent a City Itewas decidedithatrathistoricalodistricttwould bs thetbestna proach to solving the problems. A subcommittee was appointed to look at model ordinances. The Denton Ordinance took two years to create. Public hearin s were held, the ordinance was revised, and endorsed by both the Planning and Zoning Commission and the CLty Council, The Driskell Hotel case tested the Austin Ordinance upon which the Denton Ordinance Is based, The Austin Ordinance was upheld although its lack of time limits was criticized, Time limits were then in- cluded In the Denton Ordinance, Mr. Boyd stated that the ordinance has good and bad points. He said that on a whole, It is a good attempt to do a good thing in preserv- in the historic nature of the neighborhood, He said that he believes that Denton is a better city because of zoning and that the historic district is a step in the right direction. Mr. Marino stated that the houses on Oak Street are getting older and that If rhey aren't saved now it will be too late, Mr. Miller said that an example of lack of zoning is Houston. He homestbut alsohsomermodestthomes, does Hen saiduthatnthedhistorical rvalue of a structure does not depend on how fine It is, but that the struc- ture is part of Denton's history, Mr. Lowry asked about the possibility of changing the name of the district. Mr. Morris said that a name change would be all right, but no substantial changes could be made at this stage in the process without another public hearing. He clarified the process by saying that the Historic Landmark Commission's recommendation goes before the Planning and Zoning Commission which will also hold a public hearing. He said that the Planning and Zoning Commission then makes pubrlecicomhemendariantio also,tandCifytheuproposalhisCpasseduacformaldordi- nance will be written by the legal department. Mr. Lowry moved that the name of the historic district and all the sup H pportin documents be retitled to the Oak Street and Hickory . Streetistorlc District. Seconded by Mr, Boyd, Mr. Boyd amended the name to the Oak Street, Hickory Street, Denton Street, Historic District, Soconded by Mr. Marino. HLC .utes July Jo, 19#6 Page 10 Ms. Conrady asked if there was a better term, She said that the pproposed name was too long although she agreed with it philisophically, r Mr, Lowry said that he would vote against'tho amendment because it was unnecessarily complicated. Mr. Boyd withdrew his amendment and Mr. Marino withdrew his second, Mr, Boyd suggested the First Denton Historical District as a name. Ms. Conrady moved that the name be the Oak-Hickory Historic District, Seconded by Mr. Pickey. Roll call vote., Boyd - Aye Conrady - Aye Pickey - Aye Lowry - Aye Marino Aye Matthews - Aye Miller - Aye Cochran Aye Motion unanimously carried (8.0). Roll call vote on original motion: Boyd - Aye Conrady - Aye Fickey - Aye Lowry Aye Marino - Aye Matthews - Aye Millet - Aye Cochran - Aye Motion unanimously carried (8.0), Mr. Pickey stated that he understood and appreciated the objections of some of the property owners. He said that he is a public servant and wants to help people. He said that other historic districts he tied observed were attractive and did not depreciate property values. He said that he felt the Oak-Hickory Historic District was needed yesterday, Mr. Lowry moved that the Historic Landmark Commission recommended approval Commissionausingkthe Planningeand of those previously noted as eligible but not included. Seconded by Mr, Boyd, Mr. Cochran stated that he appreciated phllisophically the arguments that had been presented. He said that although everyone in the dis- trict may feel a little intruded upon he felt the historic district would protect the owaicrs investments In their homes and would be of benefit to the neighborhood. He invited interested persons to feel free to disc-ass the matter wish him or other Historic Landmark Com- mission memt,ers, Roll call vote; Boyd - Aye Conrady - Aye Pickey - Aye Lowry Aye Marino - Aye Matthews - Aye Miller - AAA Cochran Aye Motion unanimously carried (8.0). Mr. Cochran stated that the proposal will proceed to the Planning Litand Zoning Commission and City Council. He invited the audience o exercise their rights and attend these meetings. P 5 Z Minutes August 13, 1986 Page L ATTEST: /s Cha orte Allen iSfiALL'6r7, CTTY"~6~6'!'"aTt4'- CITY OF DENTON, TEXAS APPROVED AS TO LEGAL PJRM: /s/ Debra Adami Arayoovvitch U913RA'ADA7gT~1tAY8Pt7 i H; "~TT4-AT'I'dl(R6Y CITY UP DENTON, MAS" Ill. CUNSBNT AGENDA: It was moved by Ms, Brock seconded by Rr.-Mi sc6FE-and unanimously carried (7-0f to approve the consent agenda as follows: A. Approval of preliminary and final plat of the Avenue B Addition, Lot 1, Block 1. 6. Recommend approval of preliminary plat of the Green and Moore Addition. C. Approval of final plat of rho lioibert-Wyatt Addition, Lots 1 and 2, Block 1, U. Approval of preliminary and final plat of the Richardson Addition, Lots 1 and 2, Block A, B, Approval of corrected plat of the SummerwJnd Addition, Phase I. F. Approval of preliminary and final plat of the 3-J Addition, Lot 1, Bluck A. IV. PUBLIC HEARINGS f A. Petit of the Denton Historic Landmark Comm)ssJon _qn reques'rT'ng-a TrsTorTc-Tanama`Tc-(MiTfrrct a-amn`at'ron for the Oak-Hickory Historic District. The boundaries of the proposed district are as follows: The north side of Oak Street from 610 West Oak west to the intersection of Oak and Fulton streets with the exception of the property located at 918 West Oak Street, Tile south side of Oak Street from 609 West Oak west to the intersection of West Oak and Welch streets, with the excep- tion of the property located at 903 West Oak Street. The north side of Hickory Street from the intersection of Hickory and Welch streets to the intersection of Hickory and Williams streets. r 'rile cast side of Denton Street from the intersection of Denton and Oak streets to rho Intersection of Denton and Pearl streets, The south side of Pearl Street from 607 Pearl west to the intarsection of Pearl and Denton streets. The property Is more particularly described as r of Denton block numbers 328, 329, 330, 336, 476, 48++ >nd • part of block 475. Fifty-nine notices were mailed to property owners within the boundaries of the dlstricti twenty-three reply forms were received in favor twelve reply forms were received in opposition, two reply forms were received from property owners excluded from the district. l P b Z Minutes August 13, 1986 Page 3 Lee LeClair, 924 West Oak, asked If lots 4.1 and 4,2 on Gregg Street were excluded from the district. Ms. Spivey said yes, A member of the audience asked if 903 and 918 West Oak were still proposed excluded from the district. Mr. Claiborne stated that this Item could be addressed later In the staff report. PETITIONER: Mike Cochran, Chairman of the Historic Land- iar`k C U-Usslon, stated that the Commission unanimously re- commended approval of the Historic District. He said that the Commission felt an obligation to protect the invest- ments, homes and residents of this proposed district and to preserve one of the last remaining Intact older neigh- borhoods. He said that this area has been In transition for a number of years and It Is not the Commission's Intent to stop development but to insure the transition would pro- ceed in moderation. He said that the city-wide zoning that was done in 1969 zoned this area multi-family. He said the people in this area realized that a rapid deterioration of the area was occurrJngg and a number of citizens formed an organization and sought to stem encroachment and provide protection of the neighborhood. He said that the culmina- tion of the efforts of this committee was Ordinance 80.30, He said that the ordinance provided a system for preserva- tion, designation of historic structures and creation of historic districts. He added that he lives In the city and in this proposed district. He said tnar the Historic Land- mark Commission feels that a historic district Is a good thing for the city and they urge support, Mr, Claiborne asked why 903 and 918 West Oak were excluded from the district. Mr. Cochran stated that the owners, Mr, Pearce and Mr. Doggett, opposed the district over the toafightdwith them. Hensaidtthat was felt wsubsequentaowners of the property would want to be included In the district. He said that it is not the Commission's deslro to force anyone and that in his opinion the ordinance was not strong enough, Ms. Brock stated that she recelved five letters In opposi- tion requesting properties be excluded. Mr. Cochran stated that if the creation of the district Is In jeopardy rho Commission would be willing to exclude the properties, He said that the district Is weakened by exclusions. He said that the district Is being set up for protection and the residents have a right to live In a residential neighbor- hood, Mr, Holt asked if in the 1920s were the houses on Oak Street all painted white. Mr. Cochran stated that he was not sure bit that from the research that he has done most of the houses were white, Mr. Holt asked If the house Is not painted a period color will the owner be reevented from painting a particular color that he has chosen. Mr, Cochran rated that most of the houses in the district are colored. He stated that the Commission Is not trying to turn back the clock with the district but rryin to provide some protection for this older Intact neighborhood, He said that paint color is a minor part of the proposal and a broad spectrum of colors are acceptable. He said that some houses with a historic designation have been painted without permission. Mr. Holt soked about if the owner decided to Install Alumi- num siding. Fr. Cochran stated that there are a variety of sidings. He said that the owner is required to appear P 4 Z Minutes August 13, 1986 Page A before the Historic Landmark Commission and If the C omm4s- r. sion does not make a decision withln thirty days the owner can go ahead and do improvements, He said If denied the owner can appeal to the Planning and Zoning Commission and City Council, Mr.' Holt asked about repairs that are not economically ' feasible for the owner, Mr. Cochran stated that the Com- statednthstlrhafCo~nmissiornistakeaheconomicfhardship Into consideration, Mr. Holt asked about cities of this size that have historic districts, Mr. Cochran stated that 110 cities in the State of texas have historic districts, Ms, Spivey stated that Gainesville and Mcdinney have historic districts, Mr, Holt asked If all of Oak Street was zoned multi-family in 19o9, Mr, Cochran said that It was all multi-family and some of the property owners have rezoned or backzoned their property to single family, Mr. Holt asked how many of the property owners could build apartments, Mr. Cochran said all property zoned multi- family except the property with historic designation and 619 West Usk. Ms. Brock asked about the tax advantages to historic zon- ing, Mr. Cochran stated that the Commission has proposed and passed a tax abatement for houses with historic desig- nation. He said that It amounts to a freeze on appraisals for ten years and a fifty percent abatement including multi-family and non-owner occupied structures. He said that the dollar amount is s mbolic but that the taxes would be reduced, lie said that there has been some unfairness to property owners with renovations and this document rec- ogn3zes the unfairness and underscores services that his- toric houses provide to the city a4 a whole, IM FAVOR; Richard Edyvean, 1000 West Hickory, stated that 6y adoptingg this resolution this Commission would be making a strong atirement in favor of preserving Denton's archi- ownerrin theiproposededisold strictl, He said resident their house and have been for two years. He said that the north side of Hickory Street has a wealth of small and large properties and needs the protection of historic designation. He said that two homes have been bulldozed and apartments have replaced them. He said that if the district is not approved Hickory Street will lose most of the homes due to pressure by developers. He said that the district will provide character and ambiance and that he feats this Is the last chance for preservation. Paula Carpenter, 723 V, -r stated that she and her husband own the Lomax hol-,~ She !ald that they have been very much in favor of the u:strict for six years, She said that she has admired Oak and Hickory streets for years and was surprised that they were not protected by a district. She said that she felt the residents have more at stake than a rental property owner or person that owns property that lives out of town, She said that her house . has a historic designation and they had no problem in painting their house, She said that she felt that they were giving a gift to they city and that they wanted some protection from the extremities. She said that the prop- builtbeh9he saidhthat the propertydInntthisaareanIs unsta- ble and the residents are desperate and that they cannot a P 4 Z Minutes August 13, 198b page 5 r 90 on Jndeflnitely. She said that the historic ambiance and pleaded for a favorable vote, Richard Hayes, 819 West Usk, stated that his home has a historic designation. He sold that he recommended adop- tion of the proposed ordinance to stop the erosion of tha neighborhood. He said even though his property Is zoned multi-family It does not rake away from the historical or thatinoconeabesexcludednfeom the district becausemmthedIn- tegrity of the district would be weakened and also Is a grave Injustice to the Individuals In the district. He said that they needed a district, not a checkerboard one, Mr. Holt asked when the Idea of a historic district started. Mr. Hayes said four to six years ago, Randall aoyd, 1023 West Oak, stated that the ordinance has been in effect six years and 1s the response to rho neigh- rhesbasiceordinancesbeforearheeHistorlcoLandmarkoCommission was created and before the realizatlon of a historic dIs- trict. He said that he would like to keep the integrity of Denton. He said that visitors to the City of Denton are taken down Oak and Hickory streets and at one time were taken much further down the streets, He said that only about 10 percent of the old homes are left In this area and fewer houses will be left if the dlstrlct is not ap- proved. He said that the City Council felt preservation was important enough to pass an ordinance, He said that this is a fine neighborhood and It needs to be protected and If this area Is not preserved not only will Denton suffer but so will his family. He said that he has been on the Historic Landmark Commissloi, for six years and has been appointed for two more years and that he urged the Commissioners to approve the proposed district, Diane Ricks stated that they had just purchased rheJr home at 705 West Oak and have been there a month. She said that this is a family oriented area and that a trend has started on Hickory Street to preserve the houses. She said that she was Interested in this area when she was a student and that it needs to be preserved for everyone, Elizabeth Lomax stated that she lived at 713 West Oak from 1911 to 1980. She said that when she could no longer af- ford the upkeep, the Carpenters purchased the property and have made !t a beautiful home, She said that this area means a great deal as part of Denton's heritage, She said that the historic district will old the young people to put money in houses that are substantial and need to be maintained, Jackie Swanson, Lot 13 with historic designation, stated that her family is in favor. She said that they are build- ers and owners of apartments. She said that she 1s not opposed o uses of She these sold houses, that the She added dat the corner of Oak and Bryan was preserved and made Into a 6 unit apartment house and she said that she believed it i9 an asset to the neighborhood, Becky Wright, 912 West Oak, stated that their home is not a historic house because it as built In the 1940s, She said that the charactse of the historic area needs to he preserved for future generations, especially the historic designated. She said that she has lived In this area of town for 6 months and is in favor. P Z Minutes August 13, 1986 Page 6 Russell Smith, 308 Marietta, Stated that he has rental r property in the proposed district, Hle said that historic district would be a real asset and thinks these bFocks should be saved from developers, He said it Is a small gesture and is in favor. Murray kicks, ?05 West Oak, stated that the Chamber of ' Commerce uses Oak and Hickory streets as a selling point for Denton. He said that Denton needs healthy growth and needs area that shows stability. He added that there needs to be a sense of history and is much in favor, Don Vann, 811 West Oak, asked those in favor to stand. Approximately 25 people stood up, OPPOSED: Bill Doggett, 918 West Oak, stated that his t'roperfy had been historic l district, H@ stated i gg that heaappre- artyeownerstinethisndistrictlInrpreserving rhetbeautyroF- the old homes. He said that he Is not at all at odds with the idea of historic preservation but is oppposed to the stringent restrictions of the ordinance, He said that he plans to do extensive remodeling and refurbishing of his nome and would like to feel free to choose the architec- ture, paint, brick, and other materials that he deems appropriate, Mr. Claiborne asked If he planned to use masonry, . Mr, Doggett said that his intent Is to enlarge and he would like to use brick on the lower and front parts of the house and shutters on windows, Terrell King, 714 West Hickory and 601 West Oak, stared that his first opinion Is that any Individual who wants historic designation for his property Is certainly enti- tled but he does not feel that anyone should be forced to have historic zoning. He stated that he had a difficult time with his property at 714 West Hickory in regards to the Historic Landmark Commission, He stated that this property improved the neighborhood and numerous people park In their parking lot because there is not room enough for adjacent renters to park, He added that If the dis- trict Is approved it will deteriorate the neighborhood, Bob that Crouch, he is not 812, a to an 4 In112 est dividual's c rgy ight to stated ask for and othergropertysownersdhavenright ro use thairrpropertywfor, what they deem appropriate, He added that he would like to have his properties excluded from the district, Mr. Holt asked when he bought the property, Mr, Crouch stated that he bought the properties in 1966. Mr, Crouch asked those in opposition to stand, Approximately 15 people stood up, Mr. Holt asked those who are opposed that live In the district to stand. Approximately 6 people stood up, H. W. Lantrip, 10U4 West Oak, stated that he would like very much to be oxeluded, He said that he thought this was a free country and he felt he kept his property up as best he could. He said that he Is not against historic deg gnation or the district being next Aoor to him. P i Z .Minutes August 13, 1986 Page 7 Mr. Kamman asked Mr Lantrip about the zoning of his property. Mr, Lantrip said he thought multi-family. Bob Pearce, 9U3 West Oak, stayed that the other side does not have a monopoly on wanting to preserve the old homes and that he has been practicing historic preservation for the past 20 years. He said that the point is that there are two groups and one group is trying to make it look ' like the opposition to the district is against preserving old homes. He said that he sent letters to everyone that didn't have historic designation and he received 24 let- ters from these tracts that agreed with him, He said that those in favor were trying to gain control of those who did not want to be included. He sold that the Denton Board of Realtors passed a resolution in opposition to formation of this district two yyears ago and believes it still stands. He said that he believes that the argument about apartments has nothing t7 do with this historic district. Ms, Brock asked how many that agreed with his letter ac- tually live In the district. Mr, Pearce stated that ten live in the district. He said he believed that all had the same right to oppose, Ms. Brock stated that their interest was a little different. Ms, Brock asked if his plan for preservation of the histor- ic nature of Oak Street is by voluntary action. $lie asked if he would like his house to sit In isolat on and wouldn't he prefer to preserve the context in which his house sits. Mr, Pearce stated that the market place has taken care of this problem because the houses are too valuable to tear down, Ms, Brock asked about a reversible market condition. Mr, Pearce stated that these properties are too much In demand, Mr. Claiborne asked what if apartments were built on both sides of his property, Mr. Pearce stated that a historic designation would not prevent this from happening. He said that if the property is zoned multi-family that no one can stop the property owner from building apartments. He said that the property owner could tear down an exist- ing structure and could get approval from the Historic Landmark Commission, Hs said that If the property is zoned single family on both sides of his property then he would be protected, Mr, Claiborne stated that the property owner would have to a pear before the Historic Landmark Commission the Plan- ning and Zoning Commission and the City Council before de- molishinQ to build apartments, Mr. Pearce sald that the inevitable could only be postponed for three months. He said that if a person has to go before a board for permis- sion to do lmprovements*then rights are being taken away, Don Davis, co-owner of 700 West Hickory, stated that this pro arty is part of his income to make mortgage payments on iris new property. He said that he Is In opposition because the proposed district is not In his best Interest. He said that tax dollars can be better spent In lieu of budget cuts and hard times, Lee Le Clair, 924 West Oak, stated that he was in favor of Dreserving the architectural significance In the truly historic buildings throughout the city but cannot support this historic district because of the way the ordinance is written. He said the ordinance establishing historic zon- ing is a great usurption of the rights of a property owner. He said that the ordinance says 60 days before a property owner can do what he wants with his property if no decision P g Z Minutes August 13, 1986 1'a,ge 8 Is made by the Historic Landmark Commission Instead of 30 days, He said that if one doesn't agree with the Landmark Commission the recourse Is City Council only on demoli- tions, He said if one doesn't agree with the Historic Landmark Commission It cannot be Lrought back before the Commission until a yj ar has lapsed. He said that the resl- hoUie but aogovernmeitmappointed bodydcan, He sae Historic Landmark Commission public hearing, even though rite opposition was two to one, the historic district was unanimously. He eofproposed ordinance ibut perhaps the spirit. He said that he would not oppose with these conditions: 1) Only facades visible from the street could be restricted; 2) Currant set of pictures of street facades be taken after City Council onproval within 10 days; and 3) Grandfather oxisting residences and add a clause tnat states as the boundaries noted now that it ap- plies only to those residents voluntarily enrolled by pre- sent owner and such enrollment to be Irrevocable and all residents not voluntarily enrolled shall be automatically enrolled at change of ownership, Mr. Claiborne stated that the third condition is not pos- sJble because of ownership versus land use issue. He said that this Is not in the realm of the Commission, Ms, Brock asked how long had he lived In the area, Mr. Le Clair said two years and prior to that he lived In a tract home In Lewisville and hated it, He said that he could not accept a government agency coming In and saying what Is best for him, He stated that he has an apartment building next to him new that Is much older but he would respect the right of the owner If he tore the structure down and built new apartments rather than lot the existing structure deteriorate. Mr. Claiborne stated that the ordinance and proposed district is a mechanism to challenr,e demolitions, Mr. Le Clair 4tated that he would like to have that kind of mechanism without having the other requirements. STAFF RBPORT: Ms. Spivey stated that there is strong fie e1 - nfgs'an7 opinions on both sides. She said that the Zoning ordinance defines a hlstorlc zoning district as a geofraphical area possessing a significant concentration, linkage or continuity of buildings, structures, sites, areas or land which are united by architectural, historl- cal, archeological or cultural importance or significance. She said that the Historic Landmark Commission has voted specifically on each property to be Included and criteria sheets are available in the filA and the minutes, She ad- ded that the ordinance states that the structures have to meet one requirement, She said that this district Is hppar- saidltnayt thererare currently O14kstructruresHwl hrhlstorii- co' ,resignation and all other properties In the dl trict mmosteofgtheestructuresiwere bulltnbyithe ,tarly~business and civic leaders of Denton. She said that the area is eligible for a historic district for the following res- sona: 1) some structures have architectural signifi- cance, 2) value as part of the social, cultural and historic heritage of Denton, 3) area has identified with a persan or persons that have contributed to the culture of communitynsentiment corypuand blic ) priarea de. does said that aspect Zoning Ordinance declares as a policy for the nature of historic preservation the following purposes: 1) to pro- tect, enhance and perpetuate historic landmarks which re- p 6 Z Minutes August 13, 1986 page 9 present or reflect distinctive and important elements of and the and to develop appropriate settings for these places, 2) to safeguard the City's historic and cultural heritage as embudled and reflected in these landmarks by establishing appropriate regulations, 3) to stabilize and Improvr prop- erty values In these locations, 4) to foster civic pride in the beauty and accomplishments of the past, S) to pro- tect and enhance the City's attractions to tourists and visitors and to provide incidental support and stimulus to business and industry, 6) to strengthen the economy of the city and 7) to promote the use of historic landmarks for the culture, prosperltyI education and the general welfare of the people of thhe City and visltorg to the istorichdistriicthwouldecomplylwirh°rhe opoliciesoofsrhe 2)ning Ordinance, She said that the Hlstoric Landmark COMM13si0n considered this item at ite. July 30, 1986 meeting and voted unanimously (8.0) to approve the pro- posed district. Ms. Brock asked about historlc designation and what It involved, Ms. Spivey stated that those property owners have applied to the Historic Landmark Commisslon for in- dividual designation as a historic landmark. She added that they have provided Information to justify their clatms tnat the structure Is historic, She said the case then to the Councilnforgadoptioniof an ordinance, i Ms. Hrock asked If this amounted to spot historic zoning. ! She asked if they had to have permission to do remodeling, ms. Spivey said yes, She said that the property owners with a historic designation have to get permission to re- model exterior and request a certificate of appropriate- ness by submitting plans and n.ture of remodeling, She said that several had been through this process. Mr. Claiborne asked how Gainesville and McKJnney handled changes In their districts, Ms. Spivey stated that with- out the ordinance she could not tell between the differ- ences or similarities. Nit. Claiborne asked if the basis criteria is by the U.S. Department of the Interior. Ms, Spivey stated that the standards that the Historic Landmark CommissJon has pro- posed to be adopted as part of district if approved are the soldethat theynareltheSsuggestedfguidelinesiforlthe proposed district. RHBUTTAL: Mr. Cochran stated that he appreciated those wTio- spoke In favor or in opposition. He said that Mr. Le Clair's statement about appearin beforo the Cltyy Council in i,q days is incorrect, He sale according to ►he ordi- nance a petitioner may appeal within 30 days to the City Council after a Historic Landmark Commission decision, He said that It has been suggested that the criteria sheets for each property have been poorly done and that Is Incor- rect. He stated that .ie believed that there are more than 34 structures in this district that have historic signifl- eance. He said that the pictures are not out-of-date as suggested and were taken after the demolition of 714 West Hirkory. He Stated C'jai his seat on the Commission Is not a conflict of interest but an example of rnelghborhood In- put. Ha sold that he rec6tvnd Mr. Pearce's letter and sent I fifteen t back to him. He sold that he also sent the letter to Mr, Peatcehsrfipeople gures. anHet said n thatr thwas is Ist an reflected leM, ti~v _.L, m-Yf.r anw P 4 Z Minutes August 13, 1986 rage 10 to make a statement on how the city pp owants t s o live and de- uance and eensaid that he couraged suggest t sons. Hesaid that hehbelieved r It was his stewardship as a citizen to maintain the propor- ty until the next property owner came atong. He said that this ordinance provides a mechanism to slow down the pro- cess of decline. Chair declared public hearing closed. DECISION: Mr. Claiborne stated that there are valid points on o sides. He said a valid argument on one in favor is to stop erosion of a historic area. He said that it is their goal as a Commission to preserve Denton. He said that he wished a historic district existed eighteen years ago before a lot of the erosion occurred between Carroll Boulevard and Bonnie Brae. He said that the opposition had a legitlmate complaint in that they would have to appear before the Historic Landmark Commission before changing, the exterior of their house. He said that a historic district would help preserve the facades and properties with histor- ic designations because there is a lot of multi-family zoning in this area. He said that there is sufficient architectural styles on Hickory Street to Include as well, He said that he would favor district as proposed. Ms. Brock stated that several of the Commissioners have been on the Land Use Planning Committee which has expressed a strong concern for maintaining, preserving and developing saidothatdthisnareaeisa community resource . idSheisaid Shat the Commission nas a responsibility to people and they need . the support and protection from the community, She said that she is proud to show newcomers and visitors Oak and Hickory Streets. She said that thl3 proposed district Is a step in the right direction. Mr. Holt stated that the argument of taking away property rights is a philosophical argument. He said that he didn't realize how important material things meant to him until he came back to Denton after twenty years and was sur- prised at how much was gone, He said that sometimes one has to waive private rights for the public good. He said that he was fortunate enough.to see the historic district form In San Antonio. Hs said that Gainesville attributes its success of the historic district to its ordinance. He said that if they can do anything to preserve some of the past, he is in favor. Ms. Brock moved to recommend approval of the Oak-Hickory Historic District. Seconded by Mr. Bscue. Mr. Bscue stated that everyone has to abide by rules they don't like but that the underlying philosophy is that the district would be better for the city. LM" n unanimously carried (7.0). 8. Z-1827. Petition of Oak Hill Joint Venture requesting a cclisige In zoning from the agricultural (A) district to the planned development (PD) classification and approval of a concept plan on an 80.801 acre tract located on the south side of clan McKinney Street (PM 426) approximately 3 miles . east of Loop 288. The pproperty is further described as a tract in the Gideon Walker Survey, Abstract 1330, If ap- proved, the planned development will permit the following land usesi i P 4 Z Minutes October IS, 1986 Page 7 He said that the uses are close together but that it is seen In other parts of the city. He said that this tract Is too small to develop as garden office. He said that they are in the process of looking at PD-93 and that the uses are going to change because of the alignment of Robinson Road. Mr. Claiborne Mr. Knight stated that notion there general a huge retail roll of FHA plans that shows concept of the mobile home park and titer on that plan the corner Is cut off. He said the city has no record of It and the plans were i.r,t approved by the city. Mr. Holt asked the petitioner when he bought the property. Mr. Knight said two months ago and that they purchased the property subject to zoning. He said that they cannot de- velop unless they have access to Teasley Lane, Chair declared public hearing closed. DECISION; Mr. Claiborne stated that the Commission can now see an area of town that shows overzoning that has been done. He said that if It were not for the other areas of general retail this proposal would be good but that he cannot recommend approval. I4r. Claiborne moved to recommend denial of Z-1837. Seconded by Ms. Brock and motion carried (5.1). Mr. U asscock voted no. B. Dak-HickorX~HlJ~s~t__orlc District. Petition of the Denton AT3tor c anda~ac 3m, asTon"request)ng a historic land- mark district designation In the West Oak/West Hickory D~ R Street area. The boundaries of the proposed district are as follows: The north side of Oak Street from 610 West Oak west to the Jatersectlon of Oak and Fulton streets, with the exception of the property located at 918 West Oak Street, The south side of Oak Street from 609 West Oak west to the intersection of West Oak and Welch streets, with the exception of the property located at 903 West Oak Street, The north side of Hickory Street from the intersection of Hickory and Welch streets to the intersection of Hickory and Williams streets. The east side of Denton Street from the intersection of Denton and oak streets to the intersection of Denton and Pearl streets, The south side of Pearl Street from 607 Pearl west to the intersection of Pearl and Benton streets. Tne property Is more particularly described as City of Denton block numbers 318, 329, 3300 336, 476, 488 and part of block 475. Fifty-seven notices ware walled to property owners within the Oak-Hickory Historic District; seventy-four notices were mailed to property owners within 200 feet of the Oak- Hickory Historic llistrlct; nineteen reply forms were re- ceived in favor; fourteen reply forms were received in opposition; one reply form was received undecided. PE,_l'lfIONSHi Mike Cochran, Chairman of the Historic Landmar ommission, stated that ordinance 80-30 was formed to encourage zoning of historic property and for P 8 Z Minutes October 15, 1986 Page 8 the formulation of historic dJstrictn. He said that the Historic Landmark Commission has been working with the residents with property that is historic designated and cave up with this proposed historic district. He added that the Commission is in favor of the district. Mr. Claiborne asked about the propertles that are excluded, Mr. Cochran stated that certain propertles are excluded particularly Mr. Pearce and Mr, Doggett. He said previous proposals have had a number of exclusions and inclusl(-,ns, IM FAVOR; Richard Hayes, 819 West oak, stated that the opportunity to create a historic .;J strict wlthJn Denton Is great, He said that it Is not enough to go house by house. Paula Carpenter, 713 West Oak, stated that her family is very such In favor, She said that a historic district is important and historic designation Is not enough. Murray Ricks, 705 West oak, stated that he agrees fully with everyone, He said that this area has been overrun for a number of years. He sold that this is a rare ,)pportunity to create a historic district and refurbish a fine old neighborhood. He said that a historic dJstrlct would tend to a►tiact people and put money Into an old established neighborhood. He said that If the area Is not protected most people will not be willing to invest, uwen FatrchlId, 025 West Hickory, stated that her opinion is that the area should have a historic district for a safety factor, She said that it Is not safe in this area to cross the street because of the traffic created by the existing apartments. She said that the level of crime will increase tremendously If apartments are allowed to continue. She said that it Is beneficial to all who have homes, uPYUSBD; Donald Davis, 70O West Hickory, stated that his ~rooperty 13 the only rot-Al in the area, lie added that he elt the ordinance s too restrictive. He asked that Hickory Street not be Included because Hickory Street is mainly rental property. He added that Oak Street should be preserved. Ghrl,stopher (illilam, representative of the Delta Sigma Ph) Prat Gamma XI, stated that they own the fraternity house on the edge of the district, He said that they are op- posed to th9 district because it will limit growth And use of the property, Mr. Kamman asked how it would limit the growth. Mr. Gilliam stated that they cannot paint or build without having to go throught the Landmark Commission, Herman Lantrip, 1004 West Oak, stated that he lives on Gregg '.uhind the Oak Street property. He stated that he does not like the idea of people telling him what he can do with his property, He sold that he fools the district is against his rights and asked to be excluded, lie added that he was excluded at one time, Lee LeClair, 924 West Oak, stated that even with the ordl- nance the property owners do not have a say In demolition. lie said that the minutes throughout this case are prevalent that this district is not tnwards restoration but preserva- tion. He said that the ordinance is not deslggnod for the preservation of property values but historic designatlon, He said that Port Worth has a conservation district and the one Denton is trying to pass is a cohesive district. He sold that Oak and Hickory streets are more modern and i i N $ Z Minutes Uctober IS, 1986 Page lu Grants are available. He said that there Is a request to establish a tax abatement ordinance, He added that the fragile nature needs protecting. Mr. Davis stated that he would not benefit from the taxes because his buildJng Is depreciated out. Mr. Cochran stated that there would be some tax cut but that It would not be significant. Mr. LeClair stated that the tax abatement is for income producing properties only. Mr. Lantrlp stated that he said he was opposed from the very beginning. Chair declared the public hearing closed. VhCISION: Mr. Clalborne stated that the views are hasJcal- Tytht Wame in that he empathized with those who do not want to be Included. Ile €aJd that If the Commission can do anything to prevent urban blight in this area they feet obligated to do so. He added that he was not crazy about the restrictions either but that If one backed off and looked, they could see It is for t;:s benefit of all. fir, Kamman stated that he felt it should be approved with on exclusions, Mr. Holt stated that If those two are excluded, the others who asked for exclusion should not be turned down. Mr. Kamman moved to recommend approval of the Oak-Hickory Historic Uistrict w1tho6t the two exclusions. Seconded by Mr. Holt. Mr. Morris asked if the property owners had received notiflcatlon, Ms. Carson stated that they were notlfied, Ms. Brock moved to amend the motion to include the follow- ing conditions; 1. Hearing notices for demolltJons to be sent to property owners wlthln the district and property owners withJn 20U feet; Z, current pictures be taken when district Is approved. Seconded by Mr. Claiborne, Mr. Morris stated that the Commission Js Including prop- erty that was excluded. He said that those people are under the assumption they are not in the district. He said that they are creating another procedural problem. He stated that the City Council can Include or exclude properties at their public hearing. All former motions were withdrawn. ms. Brock moved to recommend approval of the Oak-Hickory Historic District with the following conditions: 1, Hearing notices for demolitions to be sent to property owners within the district and adjacent property owners within 200 feet; 2, current pictures be taken when district Is approved. Seconded by Mr, Claiborne and motion unanimously carried (6.0). rs Uctojel'?W hO86 Page 9 that they do not meet the cohesive unit. He added that he would appre^.iate the COMMI SSien voting against the district, Mr, Claiborne stated that the Commission Is trying to help preserve a parr of Denton. lie added that he recommended notifying all property owners in district and adjacent in lieu of demolislon or major change, Mr, LeClair asked how the change would he made. Mr. Claiborne stated that It would be a condition on passing of the historic district. Mr, LeClair stated that he would like an update on the photos if the district is established. Mr. Claiborne stated that they could consider his request. L. S. Forester, 71U West Hickory, stated that Hickory Street is rental property and that there is nothing historic on the street. STAFF R6PUR1's 14s. Carson stated that this Item was pre- vT-oilny-approved by the Planning and Zoning Commission at its mooting of August 13, 1986 by a vote of 7-0; however, a technical problem with the property owner notification process has necessitated another public hearing before the Commission. She said that the Historic LanOmark Commis- sion considered this item at its meeting of July 30 1986 and voted to recommend approval of the QakHickory Historic District by a vote of 8-0, She added that staff also recommends approval. Mr, Claiborne asked If a lot of particulars would be draf- ted into this ordinance. She said that the ordinance would only cover the district. She added that a preserva- tion plan and architectural standards for entire city as well as th!s area have been approved. Mr. Claiborne asked about the process for drafting and adopting the ordinance, Ms. Carson stated Shat a separr.re ordinance would need to be drafted and that the Commission would tiave option to review and the City Council would adopt ordinance. Mr, Claiborne asked If the Commission usually reviewed ordinances. Ms. Carson said no unless it affects land use Issues. Ms, Carson stated that other Items are dependent upon if the district is approved, she said that the City Council has the option to Include or exclude properties, Mr, Forester stated that he felt this 1s spot zoning, Mr. Claiborne stated that it was not and that Mr, Pearce and Mr, Doggett had been opposed from the very beginning. Ms. Carson stated that staff's recommendation Is not to exclude anyone, Mr. Holt stated that Hickory Street 1s almost a slum area and the district Is Heeded to prevent deterioration. Mr. Cochran stated that the historic district Is important to the fragile nature of Hickory Street, KCBUTTAL, Mr. Cochran stated that there Is a possible tax advantage. He said that there are certain tax laws for renovation, He said that Community Development Block is e P 5 Z Minutes Uctober 1S, 1986 Page 11 Mr, Claiborne recommended that the City Council give consideration that the Historic District be all inclusive. Seconded by Ms. Brock and motion unanimously carried (6-U). v, W SCOSSION OF DRAFT UP RESULUTIUN PERTAINING To INTENSITY STAFF REPORT: Ms. Carson stated that this is tho rough draft that as prepared after the study session with the City Council in regards to the first come, first serve policy. She said that it is brought before the Commission to see If the draft meets the approval of the Commission before it is forwarded to the City Council. The Commission stated that they would like more time to go over the resolution before submirtingg in final draft form to the legal department and on to the city Council, Mr, Claiborne moved to table the draft of the resolu H nn pertalnln to the Intensity allocallon (first come, firs[, serve) unfit the Commission had an opportunity for more consideration as to the wording of the resolution. Seconded by Mr. Lilasscock and motion unanimously carried (6-0). Vt. NEit BUS1NhS8 Ms, Carson reminded the Commis310h about the November It Short course and added that the Commission would be receiving more information soon. Ms. Carson stated that another meeting of the Comeission may be In order In November because of the asiount of zoning re- quests. Sne suggested November 19, 1986 as a possible date and stated that additional information will be provided. Meeting •rdjourned at 8:15 p.m. I DATE: 11/4/86 CITY COUNCIL REPORT FORMAT TO- Mayor and Members of the City Council FROMt Lloyd Harrell, City Manager SUBJECTt APPROVAL OF THE PRELIMINARY PLAT OF THE HICKMAN ADDITION, LOT 1, BLOCK Al APPROVAL OF VACATION OF THE MEADOW OAKS ADDITION, THIRD SECTION RECOMMENDATIONt The Planning and Zoning Commission recommends approval, SUMMARY: A single family attached dwelling is proposed for the Hickman Addition, a one lot sr-7 parcel located adjacent and south of May Street, The Meadow Oaks Addition was approved in 1472 for residential land use that was never constructed. T way tot, BACKGROUND: N/A PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt owners of property. FISCAL IMPACT: No direct impact, Respe ully submitted: lel a , zz - o r a 1 Prepared y: Cit Manager David E liaon Senior Planner Appr d Jef f May Director of Planning and Development 0336o CITY COUNCIL AGENDA HACK-UP SUMMARY SHEET MEETING DATE: November 4, 1986 SUBJECT: Preliminary Plat of Hickman Addition, Block A, Lot i SUMMARY: A single family detached structure is fanned for this lot located adjacent and south of May Street. The Planning and Zoning Commission granted a waiver of perimeter street paving requirements pursuant to Article 111, 4.03 of the Subdivision and Land Development Regulations which provides that the Planning and Zoning Com- mission may waive tht requirements for single family development not exceeding three (3) acres or three (3) lots. All other public improvements are in place or availab)e for extension. ACTIUN REQUIRED: Approval of the prelimin►,.ry plat with or without condition RECUMMENDAT1UN: rho Planning and Zoning Commission recommends approval of the preliminary plat of the Hickman Avenue, Lot 1, Block A, with the condition that plans and provisions must bo made for a minimum 6" water line prior to final plat approval, ATTACHMENTS: Reduced plat bav3'a'-fiNT'son------_.._ Senior Planner 192og N ` r .fir PIAtt NMI .t I 1 ~ r GY, t LMt. tM ~ R1 irlMpyOtr a71 ~ 1 1 I L, I.~rONYb' r \ w r ~ ti r,,,IIY'. ~ M~L71 ~ IMMRLV Ir~~~•.~.~r ~~~r.n1 ~r ' L °A'60'RQW N D11 1 MAY !T. LM It ~,w Lt1,11,b,~y 1 r~~'! r~rra, 1 N ty, --•-'4 ~ 'tll SyIN~~~..Y~~ t~oarl r, ~:j ' f'r,s~.~w' 1 t Q I ~ lR-7 ZONE y OP•720NE !f•7 20NRr y t ' 4 rteaK A 1 h ` i1 5 ~ f ~ , tl11W~1~ fMf/M111Ltli0w/ 11-1 SONi ~ i ~ HIGKIION 6Q61T10N ` I~ w, r» ~eerrlan ~ e+wtLrLW~RY _ ft.AT_ r 7 ZOfK LOt 11 1 I sL m A. LOT I OGrCCY IL. IYOYWYt~ DIWIfII . IL~/IL~ t1 _T 11 ! Q~.` ~?L`~T&~fl- r CITY COUNCIL AGENDA BACK-UP SUMMARY SHEEP MEETING DATH: November 4, 1996 SUj3jHCl: Request for Vacation of the Meadow Oaks Addition, Third Section SUMMARY; The above referenced subdivision was approved in 19729 but no development has occurred and no public improvements are in place for this section, Meadow Oaks Addition, Section 2 is constructed as a two family area primarily. An attached letter more than adequately explains the reasoning behind the request, ACTIUN REQUIRED: Approve or deny request RECUMMENDATIUN: The Planning and Zoning Commission recommends approval of vacation of the Meadow Oaks Addi- tion, Third Section ~s.•,.~; ATTACHMENTS: 2, Leptter from Worrell & Associates Senior Planner 19UOg r LATT/A/oRE STREET 1- J ,r"`~1Ti""' I f AST Nip' ' t I f - 'go ti~ r 1 / ~ Ir 9 ! sr ~ ' ps .4.61 r to { Igg RED oA l s . to to I•w « 1 } ~se•-. I j ~ Y \ I Jf •..II„~ I11 IY I ` n II h f ~ Ir I i1 j . I ~ I I VIul1 IIN I ~ I rl ~ I , . II go j N 7 1 10 1 S/r ~I; y f A~ com?r I / t ( Sit Ad u ' I 11 11 1 r r r ~ i' A' Not ` ~ 1 ar 'iaa. 14 M£A OW 7 t A DD I I I011?, Sf C ON .f r to, j r . lo, 10. `F l r C ~ ~ Th,1f N T T, ~1t ~V T WORRELL & ASSOCIATES, INC. eng+ns~rs • plonnsrs October 3, 1986 CITY OF DENTON Planning Department Municipal 80cling 215 East McKinney Denton, Texas 76201 RE: Request to Vacate the Final Plat of the Meadow Oaks Addition, Third Section. Our rue L029 To Whom It May Concern: M Bank of Dallas. has foreclosed and assumed possession of the property previously platted as Meadow Oaks Addition, Third Section, in verifying the boundaries of this plat numerous errors, Inconsistencies, and encroachments were found . It Is the opinion of the new ownership of this property that the site can more easily be marketed in an unplatted form, On behalf of M Bank of Dallas, we are requesting that the final plat of Meadow Oaks Addition, Third Section be vacated. Plesce schedule the DRC, Planning E Zoning, and Council hearings neccessery to accomplish this. If you have questions, please give us a call. Sincerely, qro L b ASSOCIATES, INC. berson Englneer RR:S 66M Dol+cs Pwkw ay suit* 150 DOW, Texas 75248 214 / 246-0126 MINUTES 1 CITY OF DENTON DATA PROCESSING ADVISORY ?BOARD October 29, 1986 Members Present: Jim Kuykendall Dale Maddry Ronald McDade Members Absent: Charles Ridens Others P;osent: Gary Collins of the City staff Dale Maddry made a motion that the minutes of the meetings of December 9,' 1985, and September 5, 1986, be approved as written. Jim Kuykendall seconded the motion and it passed unanimously. In reviewing the policies regarding microcomputers there was a consensus that the current policies provide for a central review of the acquisition and are flexible enough regarding those microcomputers that perform information processing functions versus stand-alone functions. Dale Maddry indicated he felt a centralized review was necessary to avoid expending tremendous amounts of money with little payback, but the Data Processing Steering Committee should be the group that gives approval or disapproval. Dale Maddry also indicated that the payback should be in "herd" dollars versus "soft" dollars. Ron McDade indicated that if the microcomputers were to be used in a stand-alone process with no connection to tho mainframe, no file transfer, and no networking needs, the acquisition process should be a budget- ing and justification decision of the requesting department head/division manager. Jim Kuykendall pointed out that once a personal computer was installed, it is easy and inexpensive to modify the equipment to connect to the mainframe, have network capability, and have the need for mainframe data. Dale Maddry and Gary Collins concurred with Jim Kuykendall's observation. Ron McDade suggested that once this additional equipment or capabilities were acquired then the centralized review and justification would be required. Ron McDade stated that he felt these policies were adequate for that equipment involved in information processing, but a separate policy could be used for the acquisition of stand-alone personal computers. Jim Kuykendall suggested that a statement be added to the current policies "that if any discre}ancies existed between mainframe data bases and personal computer data bases, the mainframe date bases would be assumed correct until the user department /division proved the personal computer data base was correct. There being no action necessary on this issue, no vote was taken. Dale Maddry made a motion that the Advisory Board recommend that the Council approve the maintenance agreement with TRES Corporation on the utility billing system known as "CIS" and that the Advisory Board be involved in the budgeting process when funds are committed for these types of maintenance agreements. Jim Kuykendall seconded the motion and it passed unanimously. There being no further business, the meeting was adjourned. C conrr1\W DATA 14801 Quorum Drive Dallas, Texas 76240 October 27, 1986 Mr. Gary Collins Director of Data Processing 324-A East McKinney Denton, TX 76261 Dear Gary: Enclosed Is the Client Order Form for Level-II CIS maintenance. This maintenance is to start on October 11 1986 and end on September 30, 1967. The Client Order Form replaces and sscpereedes the previous invoicing process. If you have any questions or need further information, please let me know. Sincerely, Milton Glenn Application Sales Rep Attachment MG CLIENT ORDER FORM CLFENi NAME PA. No. Jo. No. It sei . No. (2nd} Amend. No. der DOW 1(3*01 P.O. No. CITY OF DENTON 758 0186 INVOICING AODRESS (if dillorenl from Agreement) SHSP TO ADDRESS (11 Differant From Site) 324-a East McKinney St. CITY Denton STATE Texas zlP 76201 CITY STATE ZIP ORDER TYPE SITE ADDRESS (Include Room, Building. Floor) Initial Order Add On Order Charge Order I Licensed Materials ( I Licensed Materials (:I Site CITY STATE f I Maintenance L I Maintenance U Invoking Address CLIENT TRES SYSMMS By (Authorized Signature) BY (AulhorIzeff nature NAME NA L Paul Fryman TITLE TITLE CIS Manager a LKEWSEfEE MAINTENANCE CHAIM DATE DATE 09/30/86 0" Number DESCRIPTION Varabnfl Relea>ae 1. CIS LEVEL-II MAINTENANCE II 27,000.0 FROM October 101986 thr September 30,1987 SW,ilied Operating vivo nl oellvery Media ALL CHARGES EXCLUC* TOTAL Magnetic Tape APPLICABLE TAXES 27,000. Paper Documentation Una w" P *my Agmer wik Low wild MoswWaAdds rldw or MYromove Addendum AN EOUM. OPPORTUNITY VENDOR nmntemwce semce~, Service Definition ' r I I TRES Systems provides three levels of maintenance service for software products to those who purchase such service, TRES Systems wUl use reasonable efforts to furnish maintenance service (Hotline, Level I and M for software products in accordance with the following descriptions. HOTLINE 1) Hotline lelephone and Written Correspondence AsAdonee This service consists of providing information by telephone or in writing with regard to the use of TRES products, Such information will pertain to: clarification of documentation for time products; capabilities of those products; use of those products; and analysis of problems pertaining to those products, TRES Systems will employ reasonable effort to fix and correct all errors, malfunctions, and problems and communicate these to you, In the event the problem cannot be dupli- cated, you will be requested to provide the documentation necessary to evaluate the problem. This level of service does not include any other information or item such as creating program modifications; providing new versions of programs improvements or enhancements; or providing extra materials such as manuals, documentation, or supplies. Telephone assistance is available Monday through Friday, 8:00 a.m. - 5:00 p.m, Dallas time, excluding holidays we observe. Telephone assistance is available by dialing: (8W) 527-0118 (214) 248.8737 (Texas) Written correspondence should be addressed to: TRES System Customer Response Center 16775 f,ddison Road Dallas, TX 75248 LEVEL I 1) Included are all elements of Hotline service and in additkmt • 2) Corrections and Improvements TRES Systems will make every effort to supply temporary andlor permanent correctlonn or make reasonable effort to provide emergency bypass procedures for problems encountered in using the software products as specified in the documen- tation, TRES Systems will distribute corrections to the software products and software product documentation to resolve problems in either the software product, the documentation, or both. TRES Systems may develop certain product improvements as part of the Maintenance Service, Improvements are defined as changes which TRES Systems makes to the product to improve the product's ability to meet business requirements or process more effectively. Corrections and improvements are integrated info a release. validated against appropriate stand- ards, verified within TRES' current configuration environments using the current release levels of the software product, and are delivered to maintenance. service users. A product maintenance update release tape and corresponding documentation describing the release will be sent to maintenance service users (Level I, U). TRES SYSTEMS A PROFESSIONAL SERVICE OF CON'T'ROL DATA CORPORATION 3) Enhanconents TRES Systems will,provide enhancements to the software products as they become available and integrated Into the currera release of the software. Enhancements are extensiarts to an existing software subsystem within the sattware product and add to the functionality of the product, Enhancements* are integrated into a release, validated against appropriate standards, verified within TRES' current configuration envirorunents using the current release level of the software product, and delivered to the maintenance service users. A release will consist of a product enhancement update talre and corresponding documentation describing the enhancements. *You will receive only those enhancements issued by TRES during the time period of your Maintenance Service Agree. meet. 4) Operating Systems and Selected Subsystems TRES Systems will provide modifications to the software products to accommodate operating system release and selected subsystems provided that the hardware instruction set and/or operating system and selected subsystems remain upward compatible and provided that TRES Systems has avallable-all the necessary information regarding the operating system and selected subsystems release and TRES Systems has installed and operated said modifications for its own use. 5) Successor Products and Product Extensions A successor product is a software product specifically designated by TRES Systems as the successor which has fundamental similarities to and replaces, in terms of function, description, specification, and application, an existing software product. A product extension is a new subsystem or module for a software product. Under maintenance services TRES Systems provides price protection by giving a predetermined credit. toward the purchase oC 1) a successor product, 2) product extensions added to the product. 6) Other Assistance Any and all other assistance provided by TRFS Systems will he on a Time and Materials basis at TRES System's current published rates. LE t* LE r EL 11 1) fricluded are all elements of Hotline and Level I service and In addition: 2) On-Site Service TRES Systems will provide personnel from its Customer Response Center, at your site to; a) integrate, verify, and test corrections, improvements, and enhancements as released into the T W product, b) advise you on the benefits and usage ramifications of the latest TRES Systems product release. c) advise your data processing organization on the interface of the software products and/or the new releases for the product with the customers IBM Operating System and its subsystems. d) provide advice in incorporating customized code with the latest TRES System's release of corrections, improvements, and enhancements, 3) Amount of On-Site Servlcr,, On-site assistance, as defined above, will be limited to a maximum of 10 days or 2 site visits, whichever comes first, during the term of this agreement. Au.luionai assistance, as defined above, will be available to maintenance service users at a 13% discount off TRES Systems standard rates. Expenses during the 10 days or 2 site visits are included in the service offering, Any additional expenses will be at actual cost. DATES November 4, 1986 CITY COUNCIL AGENDA ITEM TOs MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJFCTr CONSIDER CHANGE ORDER #1 IN THE AMOUNT OF $110958.13 AND CONSIDER FINAL PAYMENT BID #9628 - MCKINNEY STREET SEWERLINE IN THE AMOUNT OF $12,753.12 TO DICKERSON CONSTRUCTION CO. RECOMMENDATION: The Public Utilities Board at its meeting of October 22, 1986, recommends approval of the Change Order #1 in the amount of $11,958.13. The Board also recommends approval of the final payment, including the requested change order, in the amount of $12,753.12 to Dickerson Construction Company, SUMMARY: The City Council, July 15, 1986, awarded the contract to the lowest qualified bidder, Dickerson Construction Company, in the amount of $109,273.05. The requested change order is due to approximately 470 cubic yards of rock excavation at $30/c.y. for a cost of $14,111.40. However, due to decrease in other quantities of materials, the net change order is unly $11,956.13. With the requested approval of the change order, the final payment due to the contractor is $12,753.12. The project has ')een successfully completed now. BACKGROUND: This is an approved FY 86 CIP project to install approximately 3900 LF of 10" sanitary sewer on McKinney Street from Mack Place to Loop 288. This area is presently without public sewer, and part of the cost of installation will be realized from pro rata payments to the City. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDi City of Denton Municipal. Utilities, the City of. Denton, the Contractor, and the Citizens, WON Change Order and Final Payment McKinney Street. Sewerline Page 2 FISCAL IMPACTS FY 86 - Budgeted Amount $1801 000.00* Original Contract Amount $109,273.05 Change Order #1 (This Request) $ 11,958.13 Revised Contract Amount $121,231.18 Previous Payments $108,478.06 Final Payment Due (This Request) $ 12,753.12 *It may be notes that budgeted amount will be able to accommodate the change order. Source of Fundsi Sewer Bond 624-008-0471-9114 Respe ul.ly Submitted, Ll d V. Harre 1 mL -M Prepared By: City Manager C. D. Ham Director of Water/Wastewater Services Approved Bys Nelson Director of Utilities ATTACHMENTSr I - Final Invoice II - Location Map III - PUB Minutes of 10/22/86 *w 4V , ham 'P CITY of DENTON DI[NTONr TEXAS 7620 CITY Of DINTON PERIODICAL IBTINATE FOR PARTIAL PAVNINT 017/566-0200, D/tw MITRO 431-2510 Engineering Division 817/566-8358 Utility Department 817/566-wl RECEIVED OCT. p 6 1986 Periodical Estimate Noo final Period g_To Contractor Dickers nti Construction Co. Address P 0 Box 181 Project _CiP McKinney St. Sanitary Sewer r Estimated Contract Cast ;109.27.05 aid No. 9628 P.O. No. _ 74403 No. Contract Work Days 60 Da;+a Used p2 I I Unlb I Quantity I Quantity I I Value I DESCRIPTION OP WORK I of I Original I Completed I unit I of Completed 1 (leasure 1 Estimate ,j To PAt_* wo 12.12.8 1 10" Ductile Iron Pipe I l.f. I trc 113 1 113 lE 20.OO1S 2 260 00 12.12.14-~ 8" PVC Sewer Pipe 1448 1 1448.50 1 .501 18,206.25 1 12.12.14 10" PVC Sewer Pipe I 1. f. 1 390 12 3 1 3714.88 ( 14.351 33,308.53 1 13-C Remove Walks di Dris 1 soy. 1 34 1 38 1 1 38Q*00 ~ I 15.7-8 1 Asphalt Patch Typal I ton 1 2a 10,00 I 8.75 1 80.001 80 00 1 17.6 Concrete Encasement c.Y► 1 5U 1 46 I 55401 2,530.01; i I 1 Concrete Manhole 411D e8. 1 13 1 14 1 11000.001 14,000#00 1 8.3 Concrete Driveway I s.y. 1 30 ( I 18.3-A I concrete Sidewalk 1 say. I :550 1 3i 35.001 1,295.06 1 1 35.00 ! 35.00 1 ISP.2 1 concrete Sawcut 1 1.f. 1 36 1 22 1 `3.001 '110000 1 1'-6 1 Break into existing 1 1 I 1 I t ! i manhole 1 ea. 1 1 ( 2 1 500,001 10000000 1 ISP-7 1 Sewer Clean-Out 1 se. 1 1 1 1 1 350.001 350.00 (SP-9 1 Orrp Manhole 1 ea. 1 1 1 1 1 1,750.001 1,750.00 1 -lO F k Excavation ~ c. y. I 0 ~ 470.38 1 30000 14,111.40 1 '-11 Peux)ye & replace I I 16" Hindwall 1 1.P. 1 6 1 6 1 100.001 600.00 I ISP-12A ( 8" Plug 1 ea. 1 1 1 3 1 23,001 75.00 1 ISP-128 1 10" Plug 1 ea. 1 1 1 0 1 50.001 .00 I I -13 ( 18" Bare & Casing I 1 f. 1 113 1 113 1 90.001 10,170.00 1 3" 1 8" Stub-Out. I ea. 1 0 1 2 1 130.001 300.00 1 i 14" Sewer Servie 1 ea. 1 0 1 1 1 1500001 150.00 I I I Unit I Quantity I Quantity I ! Value I DESCRIPTION OF WORK I of I Original I Completed I Unit I of Completed I j item l+ i Meaau e 1 Estimate I To Date I Price I Work I I I t t I I I I I I I I I I I I I I I I I I I I I f I I I I 1 I f I ! I I I I i f I I I I I I I I I ! I I I I I i I I I I I I I I I I I t I I' I I I I f I I I I I I I I I ! I I I I I I f ! I f I I I I I 'I I I I I I I I I I I ! I I I I I I i I I I I I I I f I I I I ! I I I I I I I I ! I I I I I I I I I I • The undersigned Contractor certifies that all work, including materials and eg0.pment,on hand, covered by this Periodical Payment h4v been completed or delivered in accordance with the Contract Documents, that all amounts have been paid by him for work, materials, and equipment for which' previous Periodical Payments were issued and received from the Owner, and that current payment shown herein is now doe. CO1,1~CTOR Dickerson construction Co.By Date 9/10/86 Recommended a ent byr Total Value of Original Contrac rformsd $121,231.18 !D extra Work Performed - Shown Above or .00 oject Inspector D to / Attached Statement /0 -4 -d 6 Materials on hand - Shown Above or .00 in eotion Dept. Date Attached Statement y~i~ vfyn n,~ i* I a Total Value of Work to Date 121,231.18 _ Least Amt. Retained O f nn Net Amount Earned on Contract Approved for Payment.87r 1089478406 Less Amount of previous Payments ~ 1 BALANCE DUE THIS ESTIMATE $ 12t753.12 Utility Dept* or City Engr. Date 1 ~ji V I 1 , p u ~i . r L G 7 4oe.ATi0A7 • 1 / ' . _ NEW !ON scw . I 1 I ~ • 1 A Wool .}01; MINIM 11 1 L III ~I J.Tju NClr MY of Di'1VTON DSVTON, MAS YU01 MEMORANDUM DATE: October 28, 1986 TO: Rick Svehla, Assistant City Manager FROM: Roger McDaniel, Engineering Tech Supervisor SUBJEC'T': Overlay Project 85-2, followup overview The following details explain the changes that were necessary on two projects to insure proper quality control. Our on anal engineering design used asphalt emulsion (MS-Z) to stabilize the subgrade. The very hign plasticity of the soil would not break down with the emulsion to a con4tant gradation/non plastic -subgi?de. We decided to add lime sl:,rry to the problem areas since lio,e is much more effective In breaking down clay particles to a non plastic material. Our BOMAG was equiped with an asphalt emulsion pump and the cost seemed better per square yard until we ran into the problem areas. To offset part of the cost of the additional lime treatment, a pavement thickness modification was necessary. The 4ubgrade stabilized very well with both the asphalt emulsion and lime slurry reacting with the soil. The final compacted subgrade seemed even more stable than our specified design so the small (one half inch) reduction was judged not to be a problem. Savings from the thickness reduction offset all but $2,152.37 of the additional $11,510.68 cost for the lime and freight. We feel the additional costs were necessary to insure the project was not reconstructed into more of a problem than before the bond issue. This problem occurred on a very small portion of the total overlay and repaving project. We figure the 0.371 overrun reflects that the problex was minor. Ro r CnJ e Engineering Tech Supervisor U418B I' I, F, W" of D&Vr" "M" mot ~r MEMORANDUM DATE: October 16, 1986 TO: Rick Svehla, Assistant City Manager FROM: Roger McDaniel, Senior Engineer Tech/Inspection SUbJEC`i': Overv'ew Overlay 85-2 Project This project was awarded to Jagoe-Public of Denton, Texas in the contract amount of $591,644.75. The bid number was 9539, purchase order number 71012, and account number 434-002-SB85-8520-9105. A total of 70 working days was allotted to complete the contract. A letter to proceed was issued and was effective on January 6, 1986. Magnolip, street was deleted so that a new water line could be installed at a later date. This reduced the contract amount to $577,718.09. Total cost to complete the original contract was $579,870 46. The cost over-run being $2,152.37 or 0.37%. There was a change order issued to be funded by the Street Department. The account number 100-002-0033-8303 was in the amount of $125,500.00. Total amount to complete the project was $123,777.70 or 1.37't under contract amount. All of the work above was completed in 54 working days. Please submit to Council so that final payment can be approved. Rog r Mc 4h. Senior Engineer Tech/Inspections Is 0418E Rtcf. N~ • /oo oot ac.9'3 b'sc. MONTHLY E STIMATE 0 s q i 0 /1 J Type of Work C~> 20 Estimate No. Project Name d02y 1 r y,,- , , hrn ct! Z M S-_ JI - Contract Awarded r.•s From: To Contract Amount ,,r(Z5, Estimated Period From:,, q / ,19 22L , to 19 f.(g. Calendar Days • Contractor - Allotted 7,6 Used I DESCRIPTION UNIT PRICE AMO N Va./ 300. Y J • V 41 oo J0 7A3, U I 20,00 0 7~ 00 D 30 11 LLI. r Total Amount ...................yS 777.7 Certified as Correct / Plus Extra Work $ Date / 0 - /43 , 19 ` Total Amount of Work Done s -7 7 7 r Approved %e Less % Retained $ c Date 191 Difference Z 3 7. Less Previous Payments 7 h~~ 3 13S Vol" I `~3 6 Amount Due This Estimate . $ 3 Z MONTHLY ESTIMATE 002 -CiV CS Zo 47/0 j ~or7rorZ 't'ype of Work i T 1. T./a.aOL- Estivate No. Project Name y,~.~L~i7 n. 95-2 Contract Awarded From: f - To Contract Amount sQ r, l 7Z Estimated Period From: X19 , to 19 4r,,~Ar Days Contractor Allotted 7 4Used .TEM DESCRIPTION UNIT Of PRICE AMOUNT -#4 &240-y V. iggj _Jd! o u: O o 7 n, Zj1 t :Z i 2,!5!2 11, Q-77,5 < 7 2,77, a uc r~~• O.~ OGO C 7 .d8 aC. 7 o Ll to ir K, e.., 00 00 0 oc . ~ ~ 00 . / v 5 r C, 2 Total Amount.. . $ 57`I R7o. •,!/d Certified - as Correct Plus Extra Work $ / Date`r[Q_,~ 19Total Amount of Work Done s1 $ 79 670,46 Approved Le% Retained $ Date yy~ I9ft Difference $ 70 Less Previous Payments $ 14 /O -14 • a Amount Dine This Estimate $ S O s 9S7 0923. NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has prov',ded in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved art,t accepted herein; and WHEREAS, Section 2.36 of the Code of Ordinances requires that the City Council approve all expenditures of more than $10,000; and WHEREAS, Section 2.09 of the City Charter requi-as that every act of the Council providing for the expenditure of funds or for the contacting of indebtedness shall be by ordinance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO, VENDOR AMOUNT 9661 ALL INTERNATIONAL PAPfR $134.020.00 QrA-r, Al I, Trm c - Tyr- t ~ Ad6 dA w SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies ur services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,. approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal anA related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids the City Council hereby authorizes the expenditure of funds therofor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 4_ day of NOVFMeER 1986. PAY STEPHERS, MAYOR CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: I PAGE Two DATE. November 4, 1986 CITY CMIL REPORT TO: Aayor and McWm rs of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT. BID1r 9661 - WOODEN UTILITY POLES RECOplEMUCK: We recommend this bid for an annual supply of wooden utility poles be awarded to the lowest bidder, International Paper at the estimated annual cost of $134,020.00. _SWIRY,^ This bid is for an annual supply of wooden utility poles. These poles are warehouse stock, ordered on an as needed basis and used by the Electric Distribution Department, This bid also contains a 12 month extension agreement subject to approval by both international Paper and the City of Denton. BACKGROUND: Tabulation Sheet PROGRAMS, DEPAR714FXTS OR GROUPS AFFECTED: Working Capital Warehouse inventory and Clectric Distribution Department FISCAL IMPACT: 1986/87 Budget Funds for Working Capital inventory 710-043-0582-8708 Respectfully submitted: Lloyd V, Harrell City Manager Prepared by: Name., Tom Shaw, C.P.M.• Title: Assistant Purchasing Agent Approved: John J. Marshall, C.P.M. BID 1 9661 1 PRIrSTER 1 LUFKIN ! L. I KOPPERS I U.S. 1 COLFAX I INTERNAT IONAL 1 BID TITLE UTILITY POLES i SUPPLY I CRESOTINS 1 WILLIAMS I 1 POLE 1 1 PAPER I OPENED 18/23186 I ! { 1 ! 1 I ' ACCOUNT{ ! STALNORTH i I ! } i I I I I I 1 1 { i ---I-------------1-------------I-------------I-------------l-------------I-- --=--I 1 1 OTY 1 ITEM DESCRIPTION I VENDOR I VENDOf; 1 VENDOR ! VENDOR i VENDOR I VENDOR i VENDOR 1 { 1-------------I-----•-------I-------- 1-------------I-------------I............. I EDT, I I ! I ! } 1 1 I I 1 I I I 1. 1 191 !POLE 35/4 1 116.12 1 94,91 i 162,75 1 94.25 1 99.50 1 98.62 1 89.91 ! . I I 1 1 2. 1 201 !POLE 40/3 ! 152.87 1 134.51 i 145.15 1 133.35 i 142.55 1 129.94 1 125.85 1 I 1 I 1 i I 1 3. 1 450 !POLE 45/3 ! 183,15 1 162.25 1 173.15 1 162.10 ! 171.94 1 15430 1 151.81 1 1 1 I I 1 ~ 1 ' I I 4. i 15 !POLE 4512 i 211,62 ! 189.26 l 198.18 i 179.68 1 191.23 1 176.76 1 157.30 1 I I 1 1 1 5. 1 75 1POLE 50/3 i 217.27 1 18535 1 204.85 1 191.25 1 199.58 1 182.16 1 184,01 ! I ~ i ! ! 1 i I i 1 , 6. 1 25 !POLE 5513 1 153.27 1 223,59 1 25b,75 ! 251.70 1 256.38 1 215.88 1 221.16 1 I i 1 ! 1 I~ 1 ! 1 ~ I ! I I { 1 I I 1 ' ! 1 EBTIMAlED 107AL 1 161,942.10 143912B.50 1 153,791.11 1 1439146.25 1 159,125.25 1 136,961.10 1 1341121.10 1 { I { I I ! 1 I 1 I I delivery tlee 1 91 DAYS 1 7-16 DAYS I DS REHIRED 1 11-14 DAYS 1 15 DAYS 1 5-7 DAYS 1 5-7 DAYS I } I f.o.b. I DENTON 1 DENTON I DEN10N I DENTON I DENTON I DENTDN ! DEMIGN I { i 1 } I ! I I { 1 I I I i OIL DXC I I I } { DATE: November 49 1988 CITY COWICIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BIOM S - CUT-OUTS/SQUIRREL GUARDS RECOMMEIIOATIOlI: We recommend this bid for electric supplies be awarded to Temple, Inc. in the amount of $11,846.40. SUMNR><s This bid is for cut-outs and squirrel guards for use w by the Electric Distribution Department. There was a lower bid on an alternate cut-out (item 1) from Poleline Electric but purchasing this brand would invlove keeping different repair parts for the cut-outs. It is also necessary to go with a higher bid on squirrel guards to take advantage of the faster deli- very time of Temple, Inc, BACKGRO: Tabulation Sheet Memo - Electric Distribution PROGRAMS, DEPARTMXTS OR GROUPS AFFECTED: Warehouse Inventory FISCAL IMPACT: budget Account N 710-043-0582-8708 Respectfully submitted: Lloyd V. Harrell City Manager Prepared by: Name: en se MkDning Title: Buyer Approved : " r -John J. Marshall Titlal Purchasing t i I 1 I i i I I 'r BID I 9665 1 BENERAL I NESCO I TEMPLE I CUMMINS 1 POLELINE 1 PRIESTER I GRAYBAR I NELSON 1 BID TITLE CUT-OUTSISOUIRREL GUARD I ELECTRIC 1 1 INC. I SUPPLY i ELECTRIC I SUPPLY I I ELECTRIC OPENED 18/201D6 2190 P,M, I SUPPLY I I i I I I ACCOUN14 1 I I I i I 1 1 1 1 ----I-------------I-------------I------------- 1-...--.----._I------------- 1----_______.-I-------------I-------------I I I OTY I ITEM DESCRIPTION 1 VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR 1 VENDOR '-------------1-------------I-------- -,---I--_----.-----1 I---------i-------------------------I-------------I-------------1-------------I------------ 1 I I I I I I I I 1 1, 1 680 1111618 CUT-OUTS 189 AMP 1 57.98 1 NB 1 47.69 1 44.58 35,18 1 35.95 i 55.IS 1 47,75 1 I I 1 1 I I ' 1 KEARNEY 1 1 KEARNEY 1 KEARNEY 1 ABC I ABC 1 KEARNEY I KEARNEY I I I i 1 I I 1 1 1 I I 2. 1 1590 1231848 SDIIIRREL GUARD 1 6.13 1 6.92 1 5,97 1 NB 1 5.97 1 5.95 I NB 1 6.80 I 1 i 1 1 I i 1 I 1 I 1 DELIVERY 1 12-14 WKS 1 4-8 WKS 1 2-6 NKS 1 1 4-B DAYS 1 12-14 DAYS 1 1 68-75 DAYS 1 1 i 1 1 1 i i i I CUl-OUT DELIVERY 1 4-6 NKS 1 1 2-4 NKS 1 2-4 NKS 1 STK-2 NKS i STK-2 NKS 1 16 MKS 1 2-4 NKS 1 1 1 I i I 1 I i _ CITY of osuToN U71blYl~i1 9 2 X 0 R A N 0 U M rrrrrrrrrrrr4rrrrrrrrrrawrrr rrrrrrrrrrrrrr.arr.r.. rr.. rrrrrr r......rrr TOs Denise Manning, Purchasing FROM: Ralph Klinke, Superintendent Electric Distribution DATEt October 29, 1986 SUBJEC'Ts Bid 9665 Acceptance Accept Bid 9665 from Temple, Inc., Waco, Texas for 100 amp Kearney cutouts and squirrel guards. This is based on maintenance expense and stock ms. DATE: 11/04/86 CITY COUNCIL REPORT FQRMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: ORDINANCE FOR Z-1779 RECOMMENDATION: The City Council held a public hearing on January 7, 1986 and recommended on February 4, 1986 that an ordinance be prepared. SUMMARY: A proposed planned development by Miller of Texas, Inc. requesting zoning on 690.8 acres located approximately 600 feet south of U.S. Highway 380 and extending approximately 11800 feet south of East McKinney Street {FM 426). BACKGROUND: The ordinance requires the approval of a transportation improvement plan with specific details about the construction r,f new roads and improvements of existing roads before any detailed plan may be approved. A utility and drainage plan must be approved before any detailed plan is approved showing all major public improvements and facilities. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: All City of Denton departments, Do;nton Independent School District,, and the citizens of Denton. FISCAL IMPACT: The fiscal impact is difficult to assess due to phasing of any development and the economic situation at the time of development. The City would experience positive and negative consequences. Res ully $ubm d: Llolff Harrell city Manager Appro d Jeff Mey Director of Planning and Development 1425] 1372E NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON. TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCBS OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO, 69-1 AS AMENDED, AND AS SAID MAP APPLIE03 TO 690.8 ACRES OF LAND, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A"" DISTRICT CLASS. IFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT '+gD►" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning classification and use designation of the real property described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby changed from Agricultural "A"" District Classification and Use designation to Planned Development "PD" District Classification and Use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That the following conditions, limitations, and restrictions shall apply to the district: 1. Detailed Plans Required. Prior to the development of each tract o an a eta Te`a"plan meeting the requirements of Article 11 of Appendix B-Zoning of the Code of Ordinances shall be submitted for City Council approval, after recommendation is made thereon by the Planning and Zoning Commission. That each detailed plan hereafter approved for each parcel or tract of land shall be attacked hereto and be incorporated herein by reference and each parce' shall be developed and used in substantial compliance with the provisions of such approved detailed plan. 2. RestrictP6ons on Detailed Plans. The detailed plans require T-FeMeTn- or each tract o an proposed to be developed, shall be consistent with the standards and restrictions specified in the Concept Plan, attached hereto as Exhibit B, and incorpo- rated herein by reference: ' 3. Transportation Improvement Plan. That prior to the submiss o~ n or approva ony eta eCplan or the approval of any plat for any land within the district, a Transportation Improvement Plan providing for the construction and installation of all major street and traffic improvements necessary to serve the entire district, at no cost to the City, shall be approved by the City Council, after recommendation by the Planning and Zoning Commission. The proposed Plan shall, at a minimum provide for the following: ' (a) North-South Major Arterial Street. A divided, six lane street, meeting City spec ca ons, shall be constructed f=via U. S. Highway 380, at the northern edge of the district, to Interstate Highway 3S-E. Tu provide for such street, a strip of land of a minimum width of 120 foot, shall be dedicated to the public prior to the sub- mission or approval of any detailed plan or the approval of any plat for any parcel, of land within the district. 10 Two lanes of the proposed six lane street shall be constructed prior to the issuance of building permits nor any parcel of land within the district. A schedule shall be provided stating when the remaining four lanes of the six lane north-south major arterial street will be constructed, in relation to the develop- men+`, of the district, or each phase thereof, and the manner in which completion of the entire street with six lanes will be guaranteed, either by performance bonds, monies escrowed, or similar method that would reasonably insure completion thereof. (5) Re avin of Mills Bla and Trinity Roads. The re- cof Mills and with thegg roposedro nort_t respective intersections street to their respective intersections with Mayhill Road, and the repaving of Trinity Road from its intersection with Mills Road to its intersection with McKinney Street, shall be required. The repaving shall be to a width of 24 feet and a depth of 2 inches, to be performed in accordance with City specifications. The requirement of repaving shall be subject to the limita- tions that the cost of repaving shall not exceed $50,000 for each road, as detexu:lned by bids obtained by the Z-1779/PAGE 2 City or estimates made by the City Engineer. If the estimated total cost c,f repaving exceeds $50,000, for any road, the City ma~ choose to participate in the repaving cost for all or part of the required repaving for that road, or if it chooses not to participate, it may designate what pportion of the repaving of such road will be performed by the expenditure of $50,000. The repaving requirements of this paragraph shall be in addition to, and not inclusive of, ou-site perimeter street paving and improvements required for the development of any tract of land as provided for in Appendix A of the Code of Ordinances. The Plan shall specify the time when such repaving will be undertaken in relation to the development of the district, or each phase thereof, as well as the manner in which such repaving will be guaranteed, either by performance bond, monies escrowed or similar method. (c) Mayhill Road Improvements. Road improvements on Mayhill Road and tra c s gna zation equipment at the inter- section of Mayhill Road and McKinney Street and the intersection of Mayhill Road and Interatate Highway 35E, shall be made to the extent sufficient to provide for traffic to be generated from the district when fully developed, as determined by the City Engineer. The improvements proposed shall be limited to a maximum cost of $50,000 for road improvements on Mayhill Road and $500000 at each specified intersection, for the traffic signalization equipment. The repaving requirements of this paragraph shall be in aA dition to, and not inclusive of, on-site perimeter street paving and improvements required for the development of any tract of land as provided for in Appendix A of the Code of Ordinances. The Plan shall indicate, in relation to the development of the district, or each phase thereof, when the pro- posed improvements and signalization will be performed and the manner in which completion of said improvements and signalization will be guaranteed, either by perfor- mance bond, monies escrowed or other similar method that would insure completion thereof. (d) Improvements to Ma orIntersecting Streets. Road im- provements, including necessary turn anes, additional rights-of-way, and traffic control signalization, to the 2-1775/PAGE 3 extent letermined necessary by the City Engineer to pro- vide for traffic to be generated from the district when fully developed, shall be provided for the following proposed or existing street, intersections: (1) U. S. Hi hway 380 and the proposed north-south major arterial; (2f East McKinney and the proposed north-south major arterial street; (3) U. S. Hi;hway 380 and Loop 288; and (4) East McKinney and Loop 288, The Plan shall indicate, in relation to the development of the district, or each phase thereof, when such improvements will be undertaken and the manner in which the specified improvements will be guaxantoed, either by performance bond, monies escrowed, or other similar method that will reasonably insure completion of the improvements. The Transportation Improvement Plan, when approved by the City Council, shall be attached hereto, and compliance therewith shall be binding upon each and every parcel of land within the district. 4. Utility and-Drainage Improvement Plan, That, prior to the submission or approval o any eta a pan or the approval of any plat for any land within the district, a Utility and Drainage Improvement Plan providing for the construction of all major utility ani' drainage improvements necessary to serve the entire district, it no cost to the City, shall be approved by the City Council, J ter recommendation by the Planning and Zoning Commissio;:, The proposed Utility and Drainage Improvement Plan shall, at a minimum, contain the following information: (a) Water and Sewer Facilities. The location and size of a ma or water an san fary sewer mains and facil- ities that are proposed to be constructed to serve the entire district, (b) Drainage Systems and Improvements. A drainage study Ot the district performed by a licensed engineer giving the description and location of all major storm sewer improvements, drainage retention areas, or 1ther existing or proposed drainage f,• 'lities or featires that will be utilized or constructed to provide adequate drainage for the entire district when fully developed, Z-1779/PAGE 4 (c) Scheduling of improvements, The time when such utility an drainage mprovements will be undertaken in relation to the development of the district, or each phase thereof, shall be specified. The Plan shall include the manner in which completion of the necessary utility and drainage improvements to serve the entire district will be guaranteed, either by performance bond, monies escrowed, or similar manner or method that would reasonably insure completion of the utility improvements. The Utility and Drainage Improvement Plan, when approved by the City Council, shall be attached hereto and compliance there- with shall bt, binding upon each and every parcel or tract of land within the district. S. Park Fund. Two Hundred and Fifty Thousand Dollars ($250,006.00) shall be paid to the City prior to the approval of any detailed plan for any parcel of land within the district, tr provide for the acquisition, improvement or maintenance of park land or facilities to serve the district. 6. Property _Acquisitions. Ail easements and rights-of-way for puVMc improvements requirod to be constructed, or off-site drainage areas or facilities necessary, to serve the district shall be acquired without cost to the City. If necessary ease- ment, or right&~-of-way for the required public improvements can- not be purchased at fair market value, a request for condemnation may be submitted, in writing, to the City. The request shall be accompanied by; (1) a description of the property to be acquired and the names of all owners having an inte,la~st therein, as shown by a commitment for title insurance issued by a title company, showing the City as the proposed insured; (2) at least two written appraisals of the property to be acquired, performed by persons with qualifications satisfactory to the City; (3) copies of correspondence showing that an offer has been made to the owners of the property to purchase it at no less than the amount shown in one of the appraisals submitted; and (4) evi- dence that, after reasonable negotiations, the offer has been rejected. Upon satisfactory submission of the request for condemnation, in the form and manner proved for herein, the City, upon finding that condemnation is necessary, may institute condemnation of the property.. Prior to beginning condemnation, a contract shall be entered into between the person making the request and the Z-1779/PAGE S City, providing for the payment of all acquisition cost by the parson making the request, which shall include, but not be limited to, the amount awarded to the landowner for the taking of the property, fees of Special Commissions, filing fees and other court cost, title policy premiums, recording fees, attorney's fees, and any other cost incurred in the acquisition or I the property. If the City chooses to hire an attorney not employed by the City to acquire the property by condemnation, the contract shall provide that the contract cost shall be paid by the person making the condemnation request. 7. Application of Article 11. That the district shall hereafter be su ect to the provisions of Article 11 of Appendix L-Zoning, to the extent that such provisions do not conflict with the provisions of this ordinance. SECTION III. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, as amended, is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications. SECTION IV. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability for particular uses, and with a view to conserving the value of the buildings, protecting human lives, anO encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION V. Any person who shall violate a provision of this ordinance, or fails to comply there pith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof dur:ng which any violation of this ordinance is Z-1779/PAGE 6 committed, or continued, and upon conviction of any such viola- tions such person shall be punished within the limits above. SECTION VI. , That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1986. A , MXYOF CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ' M ER, CITY E CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS By: Z-1.779/PAGE 7 F y • All that certain tract or parcel of te,.d situated in the 'i. Forrest Survey, Abstract Number 617 For , Denton C untr, 'foxes, said tract being shove br deed to R. Bullard and recorded in Volume 335, pate 396, Dead Reeordst also being shown by deed to R, Bullard and recorded in Volume 260, page 512 (two tracts), Deed Recordel said tract of Lot S also being shown br deb as Lot S. Block a, pert of Lots 11 and 12, Aleck B, and part , Block E of the subdlvislon of asld Y. Forrest Survey, and recorded in devolume 500 ed to Le pal 236, Oead Reeordss said tract also beano a sad Deed shown Recbyordds! ead to part Le of on kilo r+eords0 in 1Volume 1 gel I3470 and page 392, s tract shown by dead t a eras sheen by deed to Carr Miller, Trustee, recorded in volume 1d to ?oo Pr page 5outy 62, Realandrec Properordetd!y RneeorVodlsuwt and part Po 1661, fully described as otoollowseeordto Demo" County, To"al and being more Beginning for the northoest corner of Tract Number 1 being described herein, said point baing South OS dagreas 09 minutes 45 seconds.'dest, 94.eo14be faingst infromTrin theity noRrotheadl ol ast corner of said Prouty tract, said corner Thence South 03 degrees 09 minutes 45 seconds Vest, a distance of 2228.62 foot to a steel pin for the northeast corner of Tract ;lumber it Thence North 86 degrees 35 minutes 29 seconds Vest, with the north line of Blagg Road, a distance of 1389,31 feet to a point for corner to the east line of said Miller tract; Thence South 02 degrees 31 minutes 07 ascends !Jest, a distance of 2296.45 feet to a steal pin for cornert Thence South 87 degroos 03 minutes 39 seconds Past, a distance of 1409.18 feat to a Government Monument (Q-318-W) for ro:nart Thence South 87 degrees 15 minutes 28 seconds Past, s distance of 368.20 too% to a Government Monument (Q-317-W) for corners Thence South 37 degrees 59 minutes 43 seconds East, a distance of 320.15 feet to a Government Monument (Q-316-W) for cornorl Thence South 71 degrees 49 minutes 57 seconds Fast, a distance of 421,92 foot to a Government Monument (Q-315-it) for corner: Thence South 67 degrees 13 minutes 32 seconds East, a !!stance of 323,50 feat to a Government Monument (Q.314-H) for corner! Thence South 08 degrees 22 minutes 20 seconds East, a distance of 507.43 feat to a Gov+rnsaat Moaameat (Q0134) for cornert Thence South 02 degrees 23 minutes 27 satends Weat with the not southerly east line of the Mills,r tract a distance of 1312.95 rest to a point for corner, the soma being the west ioutherly southeast corner of said Miller tracts Thanes North 87 degrees 28 minutes 07 seconds Nest, a distance of 2606,98 foot to a point for cmwr in the vast right-of-ear line of Trinity Road, the same bola= the most southerly southwest corner of acid Miller trisect Tap 1 of 7 s+-+Q++'~Pea!.r..e,.~q^-r•e.;'-nv? .>r~.sr.,... , ».e., _ a Thence North 43 degrees 19 minutes 46 seconds East. with the west right-of-way line of said Trinity Road, a distance of 733,41 feet to a point for corners Thence North 05 degrees 50 minutes 58 seconds Fast, with the vest right-oE-way line of said Trinity Road, s distance of 626.53 feet to a point for corners Thence North 87 degrees 06 minutes 42 ascends Test, with a south line of said Miller tract, a distance of 2139.55 feet to a point ° corner, for ths sass being the most westerly southwest corner of said Miller tracts Thence North 02 degrees 36 minutes 45 seconds East, a distance of 3638.91 feet to a point fw, corner, the some being the northwest cor.,e, of said Millar tract, Gel d slno being a point in the south right-of-war line of alsgg Raadi Thence South 87 degrees 66 minutes 42 seco•Is East, a distance of 518.01 East to a point for corner, the same being the southeast corner of said Too Prouty tracts Thence North 29 degrees 36 minutes 31 seconds East, a distance of 504,13 feet to a fence corner post= Thence North 60 degrees 03 minutes 00 seconds West, a distance of 828,29 feet to a fence post tor corner in the most line of said Prouty tracts 113570 Ntoot to dagpoint3foricorner, the "me being a the distance of corner of Tract eels Thence South 87 degrees 27 minutes 33 seconds fast, a distance of 2832,30 feet to the Point of Beginning end containing 368.825 acres of land, F L E~ Y T VQ All that certain tract or parcel of land situated to the M. Forrest Surrey, Abstract Muaber 417, Denton County, Taxes, said tract being shown as part of Lots 2 and 3. Block P, and part of Lot 69 Block E of the subdivisioa of said M. Forrest Surrey and rt~;orded in Volume 50, dood to6J.R.~ steRecordst nsleyo Sr. sail .,cetract recordded being Voles 516, tract shown by Records, sad also being a tract shown to Yueces News Agency! Inc.,Dond recorded in Volume 1103. pegs 351. Deed Records of Denton County. Texas, and being more fully described as follower 4ginnin for the northernmost northeast corner of Tract 42 being described herein; said point also being the northwest corner of a tract shown by deed to White and recorded in Volume 595, page 571 of the Denton County Deed Reeordst Thence South 05 degrees 12 minutes 29 seconds West, a distance of 247,94 feet to a point for corner, the saw being the southwest corner of said White tracts Thence South 87 degrees 31 minutes SS seoends fast, a ristance of 181.91 feat to a point for corner, the saw being the southeast corner of sold White tracts Thence South 00 degrees 24 minutes 37 seconds Kest, a dirance of 409,37 feet to a Corernssnt Monument (0-309-W) for corners Page 2 of 7 IV; ZSF °.#a'-n 4sFP.... L r ♦o .vn:) Thence South 06 degrees 22 minutes 10 seconds East, a discance of 191.72 feet to a Government Monument (Q.30$.y) for corner; Thence South 03 degrees 21 .inutee 27 seconds West, a distance of 576,11 feet to a Government Monument (Q-307-V) for corner, the some being the southeast corner of said Yueces Yew Agency tract; Thence Forth SS degrees 07 minutes 34 seconds west, a distance of 437,40 feet to a Government Monument (Q-306-V) for corner; Thence Yorth 45 degrees 30 minutes 54 seconds Vest, a distance of 306.29 feet to a Government Honusent (Q-305-V) for corner; Thence North 37 degrees 25 minutes 50 seconds Vest, a distance of 448,62 feet to a Gowrne" t Monument (Q•304-V) for corner; Thenco North 35 degrees 54 minutes 36 seconds Veit, a distance of 890, k) 5 feet to a steel pin for corner in the center of abandoned ,Mills "•oad the same being the most westerly northwest corner of sal.d Vueces News Agency tracts Thence South 87 degrees 45 minutes 43 seconds test, with the center of abandoned Hills Road a distance of 1166.94 test to a point for earner; Thence South 87 degrees 46 minutes 31 seconds past, a distance of 31.27 feet to a point for corners Thence North 01 degrees SS minutes 44 seconds Fast, a distance of 335,65 feet to a point for corner, the sage being the southwest corner of a tract shown by dead to Moorman and recorded in Volume 345, page 305 of the Denton County Dead Records; Thence NorO. 89 degrees 58 minur i 33 seconds East, a distance of 59.76 feet to a point for corner, the am being the southeast corner of said Moorman tracts Thence North 02 degrees 34 Ninutse 59 seconds East, a distance of 60.06 feet to a point for corner, the same being the northeast corner of said Moorman tracts ThM ce South 810 degrees 33 minutes 35 seconds blest, a distance of 61.11 feet to a point for corner, the same being the northwest corner of "id Hoorman tracts Thence North 02 degrees 34 minutes !4 seconds East, a distance of 264.28 foot to a point for corner, the sans being the most northerly northwst corner of said Nuoces tracts Thence South 84 deeress 54 minutes 27 woods East, a distance of 40,14 feet to the Point of Beginning and containing 28.680 acres of land, F r E 0T ES Mam All that certain tract or parcel of land situated in the M. Forrest Surveys Abstract Number 417, and in the William Durham Survey, Abstract Number 330, Denton County, Texas; and being shown by dead as Lots It 2, sad 7s Block Ps of the subdivision of said Forrest Surrey, and recorded is Voluss 501 pegs 236, Deed Recorder said tract also being part of a tract shown by deW to Loom L. Fechsnbach and Henri L, Bromberg, and recorded is Volusw 133, page 624, Dead Recordss part of a tract Mown by dead to Bea Atwell and recorded to Volume 689, page 83, Records= part of a tract shown by deed to Vtlliam t, Shaw, Jr,s and recorded in Volume 371, pap 153s Deed Records; and part of s tract shorn by dead to Tam Prouty, Trustee, and recorded in Volume 1666, page 783 of the Real Property Records, Denton County, Texas, and being more fully described as fallow; I I I FaSe 3 of 7 r •1 J , UgLnning for the northa+st corner of Tract Number 3 being described h cornereer; in; said point also being a Covarnaent "}onuaent ((4-302-W) for Themes South 02 degrees 50 minutes 00 seconds asst, a distance of 1181.31 fcst to a Government Monument (Q-301- for comers Themes South 60 degrees 31 minutes 10 seconds East, a distancm of 532.60 fact to a Governmatt Monument (Q.300.W) for corners • Thence South 37 degrees 22 minutes 10 seconds east. 406.29 feat to a Coverndenr, Nmusa;t (Q-299-W) for corner=distenea of Themes South 40 degrees 59 minutes 56 seconds East, a distance of 551.29 feet to s Government Moaumnnt (Q.29b.W) for corners Thence South 33 degrees 57 minutes 33 seconds Fast, a distance of 277.90 feet to a Government Monumr-it (Q.291.w) for corners Thant* South 24 degree3 50 minutes 12 seconds west, a distance of 152.09 feet to a Government Monumm"t (Q6296.4) for corner; Themce South 03 degrees 40 minuten 42 Woods Waste a distance of 296.82 f,st to a Government Monument (i,.19S-W) for comort Thence North 48 degrees 04 minutes 36 seconds East, a distance of 258.99 feet to a Government Monument (Q-294.W) for corners Thence South 02 degrees 11 aim uses 47 seconds West, a distance of 443.86 feet to a Government Monument (0-293..g.W) for corner= Thence South 02 degrees 11 minutes 29 seconds West, a distance of 949.52 feet to a Government Monument (Q-293•W) for corneri Thence South 02 dogmas 13 minutes 22 second* Want, a distance of 435.33 feet to a Government %aument (Q-292-8-W) for corner; 90409 feeettto the nortthhnlinemof saaidSAlwellntract=tr a distance at Thence South 83 degrees 38 minutes 31 seconds east' a stance of 343.26 foot to the northeast corner of said Atwell tr,' Thence South 02 degrees 17 minutes 12 seconds Hest, a distance of 130026 feet to a steel pin; Thence South 81 degrees 02 minutes 56 seconds west, a distance of 86.24 feet to a point for corner; Thence South 68 degrees 17 minutes 09 seconds West, a distance of 111,:5 feet to a point for cornsrl Thence South 54 delraee 37 minutes 31 seconds West, a distsnco of 134,14 feet to a point for corners Thesce North 8.^ degrees 51 minutes 24 seconds Heat, a distance of 78.18 teat to a point for cornarl Thence North 63 degrees 37 *litotes 58 secoods West, a distance of 149.69 feet to a point fo; corner; Thence Soutk 25 degrees 47 stouts 19 seconds Hest, a disunte of 232.50 feet to a point for cornerl Thence South 63 degrees 37 minutes 58 ssaosds Ento a distance of 149.37 fast to a point for cornerl rasa 4 of I • Thence North 25 degrees 52 minutes 03 seconds East, a distance of 168,76 feet to a point for corners Thence South 83 degrees 51 minutes 23 seconds East, a distance of 122.65 test to a point for corners Thence North 54 degrees 57 Minutes 30 seconds East, a distance of 150,52 feet to a point for corners Thence North S8 degrees 17 minutes 10 seconds East, 101.42 feet to a point for corners • distance of Thence North 81 degrees 02 minutes 34 seconds East, 62.77 feet to a point for cornea a distance of Thence South 87 dogrees 42 minutes 35 seconds Bast, a distance of 13.00 foot to a point for corners Thence South 02 degrees 17 minutes 12 seconds west, a distance of 1800.00 feet to a point for corners Thence South 26 degrees 10 minutes l8 seconds Weet, a distance of 274.03 foot to a point for corners Thence South 42 degrees 42 minutes 12 seconds 4sat, a distance of 220.14 (sat to a point for corner in the northeast right-of-way line of Farm-to-Harket Aosd Number 426; Thence North 47 degrees 37 minute-9 31 seconds West, alone the northeast ri ht-of-way line of sold Fars-to-,Narkat Rosd Number 426, a distance of 319,59 feet to a point for cornea Th northea ence aNoright-of degrees of minutes sold e4e seconds p West, along the distance of 956.20 foot to a point of cuvat~ureket aotangentecurve' to the left whose radius to 710.61 foot and having a central angle of 16 degrees 29 minutes 18 seconds and whose chord bears North 53 dogrees 32 minnt es 30 seconds Wsst, 203.79 test; Thence along eetr curve to the loft, an are distance of 204,50 teat to o point for corners Thence North 03 degrees 02 minutes 21 seconds East, a distance of 1366.44 feet to the northwest corner of sold Atwell tracts Thence North 64 degrees 99 minutes 53 seconds West, a distance of 411.13 toot to the southwest corner of said Fechanbseh and Bromberg tracts Thence North 01 degrees 47 minutes 32 seconds East, a distance, of 706.01 feat to a steel pia; Thence North 02 degrees 28 minutes 39 seconds East, a distuies of 2126.97 feat to an all corner of said Fochenbs;.h and Bromberg timets thence North 83 degrees 02 minutes 42 seconds Weet, a distance of 334.33 feet to a point for corners Thence North 05 degrees 59 stout" 46 seconds last, a distance of 10.35 feet to a point for corners Thence North M degrees 31 stout" 13 satoeds West, a distance of 834.04 toot to a point for corner an the east right-ot-way line of Crimean Roads P&P 5 of I Thence North 00 dgrees 15 minutes 48 seconds East, a distance of $25,40 feet to a point for corners Thence South 86 degrees 37 minutes 39 seconds East, a distance of 669.42 feet to a paint for corner; Thence North 16 degrees 33 minutes 54 seconds East, a distance of 146.41 feet to a point for corners 'thence North 82 degrees 39 minutes 34 seconds West, a distance of 710.75 feet to the southwest corner of said Prouty tract; Thence North 02 degrees 30 minutes 11 seconds East, a distance of 561.45 feet to a point for corners Themes South 86 degrees 23 minutes 32 seconds a distance of 194.01 feet to a point for corners Thence North 48 degrees 13 minutes 06 seconds East, a distance of 28.64 feet to a point for corners Thence !forth 09 degrees 28 minutes S2 seconds West, a distance of 72.59 feet to a point for corner; Thence North 39 degrees 30 minutes 23 seconds Vast, a distance of 87.11 foot to a point for corners Thence North 73 degrees 19 minutes 14 seconds West a distance of 144.36 feet to a point for corner; Thence North 02 degrees 30 minutes 11 seconds East. a distance of 822.11 feet to a point for cornea Thence South 87 degrees 04 mina*es 14 seconds East, a distance of 1431.14 feet to the Point of Besinnins and containing 246.483 acres of land, TIED MOTPc ~Trac,~ of All that certain treat or parcel of land situated in the William Durham Survey, Abstract Number 330. Denton County, Texas; said tract being a of a tract shown by deed to Barr Atwell and recorded in ' pole 83, Deed Records, and part of a tract shown by deed to William 3. Shaw, Jr., and recorded in Volume 377, page 153, Dead Records of Damon Countya Taxes; and being more fully described as follows; Wsinning for the northeast corner of Tract Number 4 being herein described; said point also being in the southwest right-of-way line of Farm-to-Market Road Number 4261 Thence South 01 degrees 47 minutes 41 seconds West, a ristance of 1454.70 foot to a point for corner, the same being too southeast corner of Tract Number 4s Thence North 87 degrees 06 miastee 03 seconds Vest, a aistance of 1110.43 feet to a point for Corner, the am being the southwest corner of Tract Number 0 Thence North 03 dogroee 47 minutes 49 seconds East, a distance of 2323.19 feet to a ppooiat for corner, the s►iM being the northwest corner of amid Tract Number 4 and also being s point in the southwest right-ofwey Iles of said Farm-to-Market Rood Number 426, said point also being a point en a tagent curve, to the right who" radius is 610,61 feet and having a central eesle of 08 dgrest 19 minutes 13 seconds, and whose chord bases South 31 degrees 27 minutes 28 seeonda hest. 84,60 test in lengtbf tap 6 of 7 Thence in a Southeasterly direction, along said curve to the right, an are distance of 88,68 feat with the southwest right-of-way line of said Farm-to-Market. ,toad Number 426 to a point for corner: Thence South 46 degrees 56 minutes 49 seconds East, with the southwest right-of-way line of said Farm-to-Market Road -lumber 426, a distance of 955,59 feet to a point for corner) Thence South 47 degraeq 37 minutes 4A, seconds East, continuing with said road right-of-way line, a distance of 315.62 feet to the Point of Beginning and containing 46.850 acres of land. Page 7 of 7 l r;. EXHIBIT "B" CONCEPT PLAN FOR LAKEVIEW DEVELOPMENT, CONSISTING OF: 1. Conceptual Site Plan (1 page); 2. Statement of InZ.ent (1 page); and 3. Development Standards (3 pages). Z-1779 ya 1 1 . i I 11 I ~ v 1 ! y ~E !4 y~ , I I II; -t DEVELOPMENT a CONCEPT a LAKEVIEW to DEVELOPMENT e~ ■tOA~ K•iM~ IH CONCEPT PLAN Z-1779 1. Statement of Intent. Miller of Texas, Inc. is requesting approval o£ a p ui! ed development for residential and non- residential uses. The property will be marketed as separate tracts and will be developed in phases. 1. Relation to Comprehensive Plan. The property is identified as a low intensity area accordi-ng to the Denton Development Guide, Miller of 'texas, Inc. is requesting that moderate intensity areas be created. Tne concentration and separation policies for multi-family and non-residential uses are violated. 3. Acreage. A 690.8 acre tract of land. 4. Land Uses. The existing land use is agricultural. The proposed land uses include single family, multi-family, cluster housing, office, neighborhood service, and retail. (Acreage provided in attached chart.) 5. Off-Site Information. Some information provided on concept plans Additional information will be shown on detailed plan. 6, Traffic and Transportation. Specific information will be provided prior to approval of any detailed plan. 7. Setbacks. The setbacks shall conform to the Zoning Ordinance fii-Flue-specific district identified for each parcel. Parcel N has the following additional requirement: 100 foot setback from dedicated right-of-way with SO foot perimeter setback. 8. Sj&nage, All signs shall conform to the Zoning Ordinance. Parcels C and K shall have no detached signs, 9. Drainage and Utilities. Specific information will be provided prior to approval of any detailed plan. lU. Trees, _Open Sgace and_ScreeniU. Specific locations will be included on detailed plan for approval. It. Development Schedule. A schedule in compliance with requirements of rt c eJTT o~ tfie Zoning Ordinance shall be submitted with the detailed plan for approval. U329o CONCEPT PLAN PROPOSED MAXIMUM MAXIMUM MAXIMUM MAXIMUM MINIMUM OPEN PARCEL LAND USE ACREAGE UNITS SQUARE FEET BLDG. COVERAGE HEIGHT SPACE IN ACRES A Single Family Attached 15.70 282 N/A 401 2 1.6 B Multi-Family MF-1 22.37 537 N/A 401 3 2.2 C Office 8.78 N/A 191,200 401 3 N/A D General Retail 17.94 N/A 312,587 403 2 N/A E Multi-Family MF-1 16.05 385 N/A 403 3 1.6 F Single Family Attached 11.47 137 N/A 403 2 1.2 G Community Facility 1309 N/A N/A N/A N/A N/A H Si..gle Family SF-10 39.30 137 N/A 351 2 N/A I Single Family SF-10 71.01 249 N/A 351 2 N/A 1 CONCEPT PLAN (CONT.) PROPOSED MAXIMUM MAXIMUM MAXIMUM MAXIMUM MINIMUM OPEN PARCEL LAND USE ACREAGE UNITS SQUARE FEET BLDG. COVERAGE HEIGHT SPACE IN ACRES J Single Family Detached 37.70 452 N/A 404 2 3.8 K Office 7.70 N/A 120,226 40% 3 N/A L Park 8.4 N/A N/A N/A N/A 8.4 M General Retail 22.52 N/A 392,338 408 3 N/A N Multi-Family MP-2 107.85 51393 N/A 40% 7 10.8 0 Single Family Attached 14.41 115 N/A 404 2 1.4 P Community Facility 9.21 N/A N/A N/A N/A N/A Q Single Family SF-7 82.89 331 N/A 354 2 N/A R Neighborhood service 4.4 N/A N/A 404 2 N/A CONCEPT PLAN (CONT.) PROPOSED MAXIMUM MAXIMUM MAXIMUM I MAXIMUM I MINIMUM OPEN PARCEL LAND USE ACREAGE UNITS SQUARE FEET BLDG. COVERAGE HEIGHT SPACE IN ACRES S Single Family SF-7 71.62 286 N/A 358 2 N/A T Single Family Attached 22.41 184 N/A 40% 2 2.3 U Single Family Detached 24.72 297 N/A 40% 2 2.5 V Single Family Attached 30.28 545 N/A 408 2 3.0 W Single Family Detached 30.18 241 N/A 40% 2 , 3.0 03290 412 City of Denton City Council Minutes i/estinyy of January 7, 1986 Page Me 5. Bid 09554 - Sewer Flushing Truck 6. Bid 09561 - Truck Bed and Bodies 7. Bid 09562 - Brush Truck Body 8. Bid #9563 - Truck Cab/ Chassis 9. Bid #9566 - Distribution Transformers 10. Bid #9569 - $00 MCM Wire 11. Purchase Order 071235 to General Electric in the amount of $58,450.00 12. Purchase Order 071236 to Leeds and Northrup in the amount of $18,955.00 13. Purchase order #71460 to EMCO Mfg. Corporation in the amount of $10,500.00 14. Purchase Order #71508 to I.T.T. Courier in the amount of $33,723.00 15, Purchase Order 071653 to Southwest Electric in the amount of $15,000.00 B. Plats and Replate: 1, Approval of preliminary replat of the College Addition, Lot 2R, Block 21. (The Planning and zoning commission recommends approval.) 2. Approval of preliminary plat of the Edwards Addition, Lots 1 - 5, Block 1. (The Planning and Zoning commission recommends approval.) 3. Approval of preliminary plat of the Love Addition, Lots 1 and 2, Block A. (The Planning and Zoning Comaission recommends approval.) 4. Approval of preliminary plat of the Young Subdivision, Lots 1 and 2, Block A. (The Planning and Zoning commission recommends approval.) C. Change Orders 1. Change Order 01 foe 2 MG ground storage tank at water treatment plant, Bid 09635, in the amount of $15,928.20. D. Pro Rata Agreement 1. Approval of a proposed pro rata agreement with SSD Addition, owners Richard B. Cushman and Carolyn S. Cushman and/or their assigns for a new water line. 2. Public Hearings A. Z-1779. Petition of Miller of Texas, Inc. requesting planned development (PD) zoning on 703,371 acres presently zoned agricultural W. The property is described as beginning approximately 600 feet south of U.S. Highway 380 and extending to approximately 1,800 feet south of PM 426 (East McKinney Street). The property is further described as being a tract in the M. loccast Survey, Abstract 417, and the W. Durham Survey, Abstract 330. if the planned development to approved, the following land uses will be permitted: City of Denton city council minutes 413 Meeting of January 7, 1986 Page Six A) Clustec Housing - 282 dwelling units on 15.70 acres with a density of 18 units pet acre. 6) Multi-family - 537 units on 22.37 acces with a density of 24 units per acre. C) office - 3,78 acres. D) General Retail - 17.94 acres. E) Multi-family - 335 units on 16.05 acres with a density of 24 units per acts. F) Cluster Housing - 137 dwelling units on 11.47 acres with a density of 12 units per acre. 0) Community facilities - 13.39 acres. H) Single Family (10) - 137 units on 10,000 squats toot lots on 39.30 acres with a density of 3.5 units per acre. 1) Single Family (10) - 249 units on 10,000 square toot lots on 71.01 acres with a density of 3.5 units per acre. J) Cluster Housing - 452 units on 37.30 acres with a density of 12 units per acre. K) Otfice - 7.70 acres. L) Pack - 8.40 acres. M) General Retail - 22.52 acces. N) Multi-family - 5,393 units on L07,~S acres with a density of 5o units par acre. 0) Cluster Housing - 115 unite on L4.41 acres with a density of a units per acre. P) Community Facilities - 9.21 acres. Q) Single Family - 331 units on 7000 square toot lots on 52.65 acres with a density of 4 units pet acre. R) Neighborhood Service - 4.40 acres. S) Single Family - 285 units on 7000 sguate toot lots on 71.62 acres with a density of 4 units per acre. T) Cluster Housing - 184 units on 22,99 acres with a density of 8 units per acre. U) Cluster Housing - 297 units on 24.72 acres with a density of 12 units per acre. V) Cluster Housing - 545 units on 30.28 acres with a density of 18 units per acre. K) Cluster Housing - 241 units on 30.18 acres with a density of 8 units per acre, The Mayor opened the public hearing. Mc. Lew Andecton, representing Miller of Texas, spoke to favor and presented conceptual plate of the proposed development, with one of the plate being for the 703 acres involved to this petition. Miller had begun buying the property two years ago and working with the city approximately one year ago to determine the highest and best use which would be mutually beneficial. As the project was being assembled, several things were kept in mind. The main objective was to have the highest quality subdivision which could be developed on the property, The Lake Lewisville change in elevation, based upon the completion of Lake Ray Roberts, was the primary initial study. The antics lake bed had been topographically charted and determined where raised level of Lake Lewisville would be and its impact on their property, Areas of unused Corps of Engineers' property which adjoined the proposed development was shown on the plat. As of this date, this 350 plus acres of Corps property was accessible only by water. After the City of Denton Packs Department had seen the land, Miller of Texas had begun working together with the Corps of Engineers in developing a plan for recreational stead. At that time, working with staff, it was also discovered what Denton felt to be A primary need which was to relieve the congestion on Loop 288 and build a primary, major artery that would connect University down to interstate 35. They were advised by the City staff that the first preference was to go to the ■outhecn-sort existing overpass, which was in Corinth's jurisdiction, The second choice was to go to the Shady Shores exit. When this was betoce the Planning and Zoning commission in December, Miller had not given a firm commitment on 414 City of Denton city council minutes Meeting of January 7, 1986 Page Seven buying the additional properties. After P&Z approval, an additional 460 acres to the south had been purchased as well as 60 acres to the north by University Eoulsvard. The City and Miller of Texas agreed that the most important thing which could occur would be the construction of this major highway. To do this, the tight-of-way which Miller cont.colled totalled 33,000 linear square feet of road. Including the major bridges which would have to be built, the cost would be extraordinarily high. Several areas would require a bridge to be built for this six-lane thocoughtace that would cross the lake (when the level was raised). To do this would take units in order to justify the project economically. In working with the staff, Miller also wanted to identify all of the needs of the City that they could. They had tried to accomplish this and, in addition to an agreement which they would make at this meeting to build the road and the phasing of the road, they would agree to give two school sites toe the Denton Independent School District which would be worth approximately $645,000, The Corps of Engineers was plain in stating that they wanted to $ae the Corps atea remain as natural as possible. In ceder to accomplish this, Miller had also given an additional packing space to park cars in the northern section which would give immediate access to the Corps property and agreed to set up a $250,000 grant. This would be used as seed money to get matching funds from the Parke and Wildlife Department. The problems which were faced in making this firm commitment mainly centered on the tact that Millet did not own all of the right-of-way between Interstate 35 and University. The developers had agreed to work with Miller in securing this right-of-way. Killer was prepared to make the commitment. An assessment would need to be made it the agreements would not be worked out voluntarily. There was approximately 2,900 feet which would have to be assessed and built to go along with Millers 33,000 feet to ensure that the project would be completed. The other conditions, as snt forth in the revised list which he had been given, were all agreeable to Miller in principle. He also wanted to address the bottom line of this project to the City of Denton. To do this, they had asked the staff to recommend consultants to be sure that there was no strain put on the transportation on existing roads and that there would be adequate roads to ensure the highest quality development possible. Mack Goods was retained, and Millet had agreed to pay his tee, along with Dr. McKee. They would address the roads and economic impact to the City. Me. Andecton stated that he really felt that they had solved a lot of Denton's problems from an economic standpoint. The large majority of property and buildings within the City was tax exempt because of the state status of Texas Woman's University and North Texas State University and the Denton State School. Millet felt that their Initial, first phase project of 700 acres, would double the budget and revenue to the City. They also felt that, at the ease time, they would calleve density r:,quirements that would be faced in the future, because the City would be more in balance. The balance would be done with units which they simply had to have to construct a road of this magnitude. Mr. Mark Goods, 330 Union Station, Dallas, spoke in favor stated that he was a Vice-President and principle in the firm of Desha2t, Stacret and Cohn. They were traffic consultant engineers and in the last tour or five years, Mr. Goode has boon before the City Council and the Planning and Zoning Commission approximately twelve times on a number of different cases. He believed that his firm understood the traffic situation in Denton, and they had developed what he believed to be a good working relationship with the City staff. His tics had been working on this particular study for approximately four months. They were brought in to work with the City staff, to answer their questions, and to do the analysis tcom the City's point of view at the expense of Miller of Texas. Hocking with hie was Mack Thompson, the project manager. The staff recommendation was fairly remarkable in that it followed almost verbatim what his fire recommended in their report. His firm had taken the proposed 700 acts development, the multi-tasily, the vast acreage of single family, the retail and office portions at the intersections of the City of Denton city council Minutes 4 Meeting of January 7, 198f, Page Eight major roadways of McKinney and the new arterial and University and the new actecial and distributed that traffic throughout the site and back along University and McKinney. At the time that they were conducting the study, they could no commit or guarantee to the City, as they could at this meeting, that the connection to Interstate 35 would be built at the beginning of the project as opposed to the and, Their task was to study how such of this proposed zoning could be built and what improvements could be made both on- and off-site to accommodat" the traffic until a connection with Interstate 35 was needed. New, knowing that the connection would be sooner rather than later, many of the improvements which were recommended, and were triggered by a certain amount of development, may already be in place way in advance of the actual platting and development of this phase of the project. His firm had suggested that improvements needed to be made at Loop 288 and University, and Loop 288 and McKinney In order for only about 0 1/2k of the development to be developed. Tied in the staff recommendation and the report was a formula, not based on specific tract development, but on the total number of peak-hour trips generated. An equation was included which alloy for the conversion of development to peak-hour trips. Eight and one-half percent could be developed with improvements which his firm had identified. These Included turning lanes - additional turn lanes at McKinney, University, and University along Loop 288. The construction of a two-lane roadway from University to McKinney would be required early in the program. This roadway would need to be improved to a four-lane divided street in order to build approxi- mately 50% of the proposed development, When approximately 751 of the development was built, the Interstate 35 connection would need to be in place to accommodate the traffic. At this point, much of the pressure that would otherwise have been felt along Mayhill and Loop 288 would be relieved by the routes (whichever one - the north or south route which was to be constructed, possibly both,) The regional map showed that this area would not only drain or access just this development, but would also relieve pressure which was being brought to beat by development from Loop 280 all the way to the lake. The capacity analysis for the various intersections was based on the additional development, not just their project. He summarized by stating that his firm had provided in their report, and this was included in the staff recommendation, a list of improvements and the phases in the development which would trigger those improvements in the development as it was proposed to the Council at this time. Theta was the advantage now that Miller of Texas was indicating that the Interstate 35 connection was possible initially rather than later. The planned aevelopmenc as proposed by staff showed improvements which would protect the city from the traffic generated both on-site and off-site. Dr. Bill McKee, economist, spoke in favor stating that he had been a?ked to study the economic Impacts of the development to the City, the County and the School District. He wanted to address several issues which had come up subsequent to his written report which had been presented to the Planniag and Zoning Commission. A question had been raised by a council Member regarding property tax revenues which would be flowing into the City prior to the completion of any construction. It* had gone through the exercise of trying to place a dollar value on that flow of income to the Central Funds of the City. This calculation was done assuming no completed construction as, obviously, completed construction would drive up t'A property values. In doing this, he had worked very closely with the Denton County Tax Appraisal District and had used procedures as outlined by Mc, Joe Rogers and his staff, had evaluated the property and gone through the exetoise of identifying tax rates and even colt-beck provisions for land which had agricultural exemption prior to what would be a conversion to a new property use. The figures presented reflected annual and cumulative effects over the years, The 1986 figures did not reflect any zoning changes which would affect the property value. The big revenue impact on the vacant property would begin in 1987 after the zoning change. The oll-bank provision could also come through in 1907 on the previously exempted property 416 City of Denton City Council Minutes Meeting nt January 7, 1966 Page Nine under agricultural use. The figures had been spread out to 1992. In his earlier analysis, he had used 1969 as an initial completion data for some of the properties. This analysis had been extended to 1992 on 1e proviso that some of the properties would not be completed until then. Ae an economist and a resident of the area, he wanted to emphasize not-, only the revenue impacts that would be steaming from this type oL development, but also the jcb creation. Most of his career had been devoted to analyzing jobs and identifying job creation opportuni4iss. There were not many oppoctunities which Denton would have to see this type of job oceation come into the City, and have one decision to make on it. The basis of his calculations of the jobs and many of the other revenue impacts, came from the State of Te-us input/output model which was developed by the Texas Ngter Resources Hoard. This showed the impact of an expenditure of money into the spending etceas or cycle of the community and, as that rippled through, beeaae money in ot,4er people's pockets through consumer expenditure patterns. This then had an impact across the community. This pattern was very wide- spread in this particular instance. A 11,000,000,000 increase in aonstruct.ion around Denton would generate throughout the City and the northern metropolitan area approximately 15,000 Sobs. It would also increase personal income across this area by several hundred million dcllars and increase tax revenues across the board by a substantial magnitude, not only to the city and the County, but also to other areas in the surrounding communities. The State of Texas would also receive some substantial jobs, because other state suppliers would be involved in supplying materials, etc. into a project of this magnitude. The federal government would also benefit by increased revenues of 1143,000,000 to its tax system. This is an important part and one which he wished to stress as a major economic impact of this project into the City of Denton. He did not want to overlook the population change. The projected population increase which was pcesonted was based on an estimate of full capacity. He felt this was the upper bound and might be sosewhat too high. This was also true for the estimate for the Denton Independent School District. He felt that he had used conservatively high figures oa estimating the school enrollments which would be stemming from the completed project. An additional point on the school enrollment was that most of the students would be coming in during the final years of the projeo+c's development. The big multi-family units would not be completed until the late 199014. This would have the substantial impact on generating the school growth. This assumed a number of things: one of the major assumptions was that :esidential patterns and family structures would remain the same :n tho, future as they were now. He was not too sure that 'his was tt,e cane. There were reasons to believe that the projected school enro!,lment figure was high. A recent article in the Nall stcett Journak had talked about the major impact that was sweeping across the country in terms of land use in residential structutes, which was facilities for the aged. It this should have an impact on school children and types of facilities, that would lower the projection on school enrollment perhaps substantially, He had also assumed in hit calculations that these facilities were not held aside for adults only; in other words, children would be living throughout the complex. Council Membet Makdams stated that she was interested in the tact that Dr. McKee felt the school population would cost later when the multi-family portion was being developed. Dc. McKee responded, yes; the high-ties, sulti-family. Council Member McAd4ms asked it he anticipated that this would Masan houO ng lots of large families with school age children. Dr. McKee responded that this was also a question which he had. Hh had used those dwelling units to drive his figures up juut as a single-family home would. He had some doubt in Lite mind that the large autti-family structure or structures would cocttribute as many 417 City of Denton City Council Minutes Meeting of January 7. 1906 Page Ten students as single-family residential housing[ would. But he did not adj,lst for this, Council Member McAdams Asked it Dc. McKee was aware that the school system thought that morn school itea was needed, and she did not think that they had it tied to the multi-story, multi-tamily units, They were looking at the cluster housing and single-family units and thoyLwore saying that more school space was needed. Dc. Notes asked, more space than what? council Member McAdams responded, note than was donated. De. McKee responded that he was aware that there was a letter regarding this issue trom Mr. Bernstein of the Denton Independent School District, He had participated in a meeting with Mr. ailbecc Bernstein, De. McGee and other planning *sabots of the DIED, and he had heard Mr. Bornstein's comments. However, he did not hear this echoed by the other member of that comaittsei He had only recently hosed that there was a letter out on this issue. Council Member McAdams asked it De. McKee was disagreeing with the DtBD assessment. De. McKee responded, not, he understood Me. Bernstein had requested additional school sites. He had not hosed that the Superintendent of Schools had requested the additional sites. Council Member Makdasc stated that she did not feel Mr. Bernstein would have written an official letter without the approval of the School Superintendent, Dr. McKee stated that alt he could say was that, at the meeting, Dr. McGee did not request the additional sites. Council Member McAdams stated that she was interested in the overall reports because it spoke of tho pluses. She normally put the pluses one side the the minuses on another, balanced them off and came up wLth a net, It seemed that, here, the Council was looking at the gross and there was nothing to allow her to determine the net imptovement. Coe instances, there was a significantly large figure as potential income tar the elect rto/water/sewer systems. This area was a dual-seevieed area. Was De. McKee basing his figures on the entire development going with Denton utilities rather than Tares Power and Light. It to, what was the rationale? Dr. McKee replied that he had worked with Mt. Bob Nelson, Director of Utilities, and his stet: to obtain these figures, council Mesbec McAdams asked it this assumed that the City would be serving all of the people in the atom rather than TPAL? Dr, McKee responded, yes. Council Member McAdams stated that this was absolute conjecture as TP&L also had a franchise to serve this area. Dr. McKee replied that he, did not get into all of these details with Mr. Nelson, He laid out the number of dwelling units, the ptojectod population growth, etc. toe Mr. Nelson. Nelson had than calculated ghat he viewed would be the rise in revenues to the City's General Cund,tesulting ttom this project. Council Member McAdams stated that there was also a cost associated with this. She felt the figure on the electricity was highly suspect due to the dual-seevics question. There were no guarantees whatsoever that the City would serve these people. The revenues to the City were not net results as the costs associated to the City was not provided. She would like to have all of the information, 418 City of Denton City Council Minutes Meeting of January 7, 1996 Page Eleven because it was entirety possible that in lose of the areav, the cost would outweigh the gain altogether, and when the not result was detetmined, the City would have a net cost. Somebody, likely the citizens of Denton, would have to pay this cost, Dr. McKee responded that Mr. Law Andecton and Roger Barrett had specifically requested his to spend his time working with the City planning staff in attempting to provide answers to the questions staff had prior to submittal to the Planning and Zoning Commission, He began working around the first or second week of November, and P&Z hearing was on December 7. He had spent his time working with the planning staff, the planning committee, the Anting City Manager's office, the finance officer, Fire Department, Personnel, etc. including Mr. Nelson's utility depactment, attempting to provide the answers that he could in the given tisefraae. To his knowledge, he answered all the questions which were presented to him through the mechanism of working through the planning staff, Certainly, this was not a true cost benefit study; he was the first to state that. There was not time nor was theca information which he requested presented through the City, to generate all the data which was necassacy to generate a true cost benefit study, Council Member McAdams stated that she felt this iatoruation was pact of what the Council would need. It they were going to have the figures at all, they would need the other halt. She also looked at the numbers regarding jobs. She would concede that this type of massive construction would certainly provide a number of jobs. However, this was short-term and it you looked at what was going to sustain this over the next fifty years, then she would question whether the number of jots provided would take cats of even the population generated. Another scenario would be that the people who moved into the development would be competing for existing jobs in Denton. It seemed that this was not necessarily a net figure either. This could oonceivably cause higher unemployment rather than excess jobs. Dc. McKee responded that the job figures, in part, ware generated through the construction activity. A newspaper had quoted that, as the construction industry goes, so Iola the national economy. He felt this was true not only for the national level, but also the local level. When there was a high level of construction activity in an area, even over a substantial number of years, theta certainly was a positive impact on the local economy. Construction would sometimes go away from the area. What would be left behind in this development would be 2,434 jobs within the facility itself (office buildings, general retail and other commercial ventures.) It that entity was the single employee, which it would not be, it would become the second largest employer in the city of Denton. It would be the only private sector employer of the top tour or five employers in Denton. He felt another economic aspect which should not be overlooked was the over-celianoe at the present time on the public sector employer. In his mind, this economic could benefit from more private sector jobs. Council Member McAdams stated that it the Council looked at the foot that these wets the jobs which wets being generated, once the development process itself was completed, they wets then looking at what she felt might be a negative, and the Council should be aware of that. Dr. McKee stated that he was not sure he understood. Was Ms. McAdams meaning that the construction workers who came in to work the project would stay after the construction was finished and becce4 unemployed? Council Member McAdams replied, no; the population projection figures were an additional 20,000 people, and she was talking about whets these people might potentially work. Dr. McKee responded that, given the estimated sale values that were posted tot the % 4,19 city of Denton city council Minutes Meeting of January 7, 1996 Page Twelve improvements, he did not believe that anyone need be concerned about the unemployment of those persons who would purchase f200,ooo hones or ;150,000 condomiti4ums. He had not considered this in his analysis. Council Member McAdams stated that it it was not a logical place for these people to work, they might not purchase the housno. Council Member Stephens stated that to one of Council Member McAdams,@ questions regarding cost benefits, Dr. McKee had stated thV', he had asked toe information on the impact from the staff. He had not heard all that Dr. McKee had said and asked for his to go through this portion again. De. McKee restated that, In working with the planning committee which was from a number of different departments, including the independent school district and others, he had requested information these and then, in working with the planning staff directly, had hoped to collect more data than he actually did receive. Council Member Stephens asked what type of information was this and when did Dr. McKee ask for it. Dr. McKee stated that he had asked for the information approximately three days after he was brought in on the project in Novetbar. Council Member Stephens then asked what particular information was Dc. McKee Interested in. Dr. McKee responded that he was hoping to be able to get into some of the aspects of build out of toads and maintenance, police substation, etc. He did have coats In the report on patrol cars and personnel costs tot police, personnel costs tot the lire Department, new tiro trucks, and so forth. This Included new high-rise snotkle to service the high-rise buildings in the proposed development. He was able to get this intocmation over the telephone; however, they were looking toe other intocmation to come in through the process of some forms which were being sent to the vacious departments. To his knowloidge, none of these were received in time to be of use in the analysis. Council Member Stephens asked it Dc. McKee had. requested this information In November and had not yet received the information. Dr. McKee responded that the ittfoesatlon did not come in prior to the meeting with the Planning and Zoning Commission. Council Membec Stephens asked it Dr. McKee had asked again toe the Information. Dr. McKee responded, no; he had not asked again since the hearing before the P&Z. Council Member Stephens asked, knowing he ties going to be before the Council, had he not asked again tot the intocmation? Dr. McKee replied that he was not asked by the people who woes retaining his services to continue working with the City in doing that. Mr. Roger Barrett, Metroplex Engineering, spoke in favor stating that his fits had been retained as the planners for this project and woes irsey pless14 to have an opportunity to work on a project of this wagnitude and benefit to the City of Denton. This was a mixed use development which was highly diverse tot a parcel of this size and configuration. Thee* were some twenty-three uses that were on the 700 acres. The size and shape of the parcel was very linage in scope creating a corridor type of land use configuration with the primary major thoroughfate running through the center. It was a 420 City of Denton city council minutes meeting of Januacy 7, 1986 Page Thirteen Community within a community concept which would provide housing, employment and commercial activity. The parcel happened to Its outside the original Denton Development Guides study boundaries, During the planning process, Soso detsesinations were made as to intensity zones on the tract and tried to meet the Guide ea rlosely as possible. They had devised three basis study nodem - 82 aets$, 207 &Cree, and IOS acres - all having a variety of uses within the nodes. His firs felt that all met the intent and integrity of the Denton Development outdo. Fcom the site analysis standpoint of Lakeview, they had tried to understand the natural beauty of the site due to the Close proximity of the lake. They had Considered the recreational activities, the regional pack areas which was prone to flooding on occasion, but was still a beautiful seem to b4 maintained tot parks and open space not only for this development but for Denton sc a community at large. The rest of the area was foe private development for pools, tennis courts and gardens. Lakeview development had proposed a very sophisticated amount of landscaping on the project. This was possibly the most comprehensive landscape plan in the planned development format which the City had seen up to this point. Various parcels had bsen designated along the primary major arterial and the dedicated public rights-of-way tot ditfectnt types of screening and landscape butters. Not only was this development making every attempt to save the mature trees on the property, but were also making an extra attempt in revitalizing the area by planting other trees, Mr. Baccott then made a slide presentation of conceptual models of the proposed cluster housing which could ber from 12 to le dwelling units pec acts, the proposed seven-story aces which was projected to be coc,otructed last. This was a conceptual look to show how highat densities could be placed in an esthetically pleasing building element without using a lot of land area. Provided were tennis courts, pools and amenities. There Nas a tremendous oppo,ctunity, working with the Cocps of Engineers, in the northern most parcel of the property. The Timbecbcanch Park was over 20 sects in size. After working some conceptual layouts with the Parks and Recreation Department, his tits had begun future planning in the pack ateat. There was potential for picnic ateas, nature testis, bridges, possibly a field sports area and an amphitheatre. The map of the planned development designated where the flood elevation would encroach upon thes& areas. Also shown was the maximum probable flood area. There was plenty of land available toe usable coorsation and open space. The Coopec Creek Park had in excess of 90 acres, again with picnic, nature trails, sports Centet. In the activity area, theca was the best potential Or tennis, racquetball and (told sports. Thee* woes not many maturo teats in this area, but the topography was gently rolling and would be easy to develop. The last pack was Pecan Creek which was over 100 acres. Again, working with the City Parks and Recreation Department, this was the possible site for the first Denton Municipal. Golf Course area, in summary, he wanted to recapitulate what the ►,akeview development was all about. ?test, there was the issue of sanitary sewer improvements. There was an opportunity ~o comprehensive planning for east Denton. They would be provid lour lift stations and force mains on the project and service rctly to the wastewater treatment plant. Also concerning wattc improvements, there was a proposed 20-inoh water line cunning along the north/mouth primacy major arterial. The comprehensive planning of the project would help alleviate future traffic problems on Loop 288 due to the major arterial which would be built and connect Interstate 3S and University. Conoetning the two school sites, a minimum of $645,000 of savings would be realized by the donation of the land. From further investigation with the Denton independent school system, this might bk a very conservative figure. After some explanation from Gilbext Bernstein, they could be adding an additional $300,000 in savings to the Denton independent school system by the donation of these two school sites. They had tried to place the school sites close to Lake Lewisville and the pack areas. This was very important for the children and the school district. Tt.ire were sajok: open space and park improvements. Not only woes pack sites 421 city of Denton city council minutes Meeting of January 7. 1906 Page Fourteen designated on-site, but there was also 54.6 acres of on-site park and open space area. Almost every cluster area had a minimum of lot of its acreage allocated to a pack or amenity package for Its WOOL. Again, the developer was providing $250,000 to the Denton racks system which would help start improvements to almost 300 acres on the regional parks. Last, the City of Denton general revenue fund, as determined by Dr. Bill McKee, would probably be increased over 15,000,000 a year, after City expenditures, when the project was fairly built out. ' Council Member McAdams asked it Millet of Texas planned to do the development themselves or would the tract be sold. Kt. Barrett responded that, as with all development, not one single entity had the monetary power to purchase the site, build all the improvements, actually construct all the building elements themselves, and have their own sales force to sell the unit. This would be a cooperative venture which he eras sure would be worked out. Council Member McAdams then asked, given that a number of davsiopecs would be doing this project, what would be the squats footage in the various types of buildings, such as the apattments, single-tamily dwellings, etc. . Mr. Barrett responded that this had not been delineated. In the planned development document. On several occasions, the planning staff had - recommended that they did not need that kind of information, as far as minimum square footage for dwelling units. They had asked if this was a necessary requitement, such as putting an 800 square toot minimum tot an apartment or an 11,000 square toot minimum requicement tot a townhome cc cluster unit. Those types of details, up to this point, had not bean needed. Council Member. MoAdams stated that she could understand why that information was not needed for technical types of things, but when the Council was looking at the proposal and wanting to know, as a resident of Denton, what this was going to look like, how would one arrive at the apptoximate cost of something It they did not know how large it was? How would they know it was to be a $200,000 house or a luxury apartment it they did not know at this point whether it was goinq to be 600 square feet cc 11,000 square toot. Barrett responded, exactly; these was no way anyone could answer the Council right now during the early planning and zoning stages, What they had set up in working with the City staff was a set of controls which allowed for a comprehensive site plan review for each individual parcel which might come to the City for development. Hypothetically, when Millet of Texas began to develop a particular phase of cluster housing, that particular plat would have to come through the City and the reviewing body one more time tot approval. There have been checks and balances set up via the wording from staff which would allow the Council, as well as the Planning and zoning commission, to look at some of the architectural detailing, the set-back control, and the landscaping standards which were proposed tot that development tract. Council Member McAdams stated that she did not see that this process would allow the Council to look at the project and see whether it was a smaller house than they had anticipated and, therefore, that it was not the luxury area which they ware expecting. Barrett responded that was true; Chace had been no indication to this developer or any other as to what a minimum tequicemeat was. It the City had a particular standard or minimum requirement, they would be able to tackle that. Council Member KcAdams stated that she was trying to make it very clear that the City did not have those :equirements. However, in terms of information so that the Council ccttLd know what they were looking at, it would be helpful. 422 City at Denton City Council Minutes Meetinq of January 7, 1966 Page Pitteen BartOtt responded that neither he not the developer was prepared to give those types of numbers at this meeting, but, at the time of comprehensive site plan review before a single building could be erected on a site, the Council would have an opportunity to review the square tootages. Council Member McAdams stated that one of the obvious concerns about a project this large, which was being done by a number of people, was that the Council would approve something with a number of • stipulations attached, and then it began to be changed piece by piece. In his remarks, Mr. Barrett had said that, after having talked to Mt. Bernstein, there was the possibility of the donation of some additional school land. Given that this was a planned development with everything laid out, it seemed to her that, it this happened, the Council was looking at their first amendment already. Mr. Barrett stated that he might have misused the word. There had always been a commitment from Miller of Texas to donate the two school parcels to the Denton Independent school District. Council Member McAdams stated that the school sites did not appear on the document, She then asked it Mr. Barrett meant only two or two additional school sites. Mr. Barrett responded, just the two. Council Membet McAdams stated that she must have misunderstood. She thought Mr. Barrett had stated that, after further coavetsations with Mr. Bernstein, Miller of Texas might be in the position of offering something additional. Mr. Barrett replied, no; what he had said was that, after discussioue with Mt. Bernstein, the dollar tigure of $645,000 was slightly too conservative. It would be an additional $300,000 or so savings to the district because of the donation of the two school sites by Aillst of Texas. Council Member McAdams stated that the school system, particularly Mr. Bernstein, had Said that two was not enough sites, While it 44ghb be calculated that this was a savings on these two sites, a total cost would exist on two more sites just to get where Mr. Bernstein wanted to be in terms of students. This was what she had meant when she had spoken of putting up the pluses and minuses. She suspected that when this was tallied out, the school site issue would acme out to be cost rather than savings. Mr. Barrett responded that he was unable to address adequately the total amount of cost to the Denton school system. They were able, hopefully, to project some of the benefits which were available in the short timatrame which they had. He could only telterate what Dr. McKee had stated. He also had been involved in three meetings with the Denton Independent School District. At no time did the Superintendent of the Denton tndepsndeat public schools or the School Board *vat make it a requirement of this developer, or of him, or of Dr. McKee that additional sites, other than those which were propotled, wets needed of requited. Council Member McAdams stated that, tot the benefit of those present in the Council Chambets, she would like to read trom a letter dated January 2 on Denton Independent School District letterhead from Mt. Gilbert Bernstein with a copy to Dr. Robert Mabee. The letter stated "Based upon the report generated by Dr. McKee, it is apparent that the School District will need at least a total of 4 sites - 3 elementary school sites and 1 middle school site." McAdams commented that, at this point, apparently Mt. Bernstein also thought that the school district was going to receive 3 sites' because he wrote 41"he developer has orally oommitted to 3 sites...." Mt. Barrett replied that, in their next proposal, which should come betore the Council during the next tow months, they were proposing City of Denton City Council Minutes 423 Meeting of January 7, 1986 Page sixteen another school site in the southern portion of the development. During the whole process with the DIED, they had Constantly been talking about the potential which they were developing south of Pecan Cceek as well as the project which was being reviewed at this meeting. That was what the three school sites were all about. Council Member McAdams quoted from Me. Bornstein's letter "This still leaves the District one site short, Mr. Barrett has indicated he would try to find the District a fourth site, but this is tentative." Mr. Barrett responded, yes; he was in constant contact with Gilbert Bernstein. They were having another field trip in a few days to look over these particular parcels as well as other potential development sites tot the School District. Mr. Taylor Boyd, Senior Vice-President of Henry Miller Company, spoke in favor stating that he was the joint venture manager for a piece of property which would connect the properties under discussion with Interstate 35. Henry Miller Company had purchased the 135 acres in 1966 and had already planned to make the connection at the on and oft ramp for purposes of giving access to their property. while in the process of dedicating this land and setting up the needed traffic parameters tot this site, they began to coordinate the effort with Miller of Texas. They were pleased to work with them, and he want*d to say that the connection would happen. It would benefit them also to connect University with Interstate 35. Council Member Riddlespecgec asked for a timsfeame on when the connection would be done. Mr. Boyd responded that now they were in the process with the City and the railroad. There was also a railroad to be crossed, the MKT. They had begun working with them approximately six months ago to see that this could be done. Their application tot that had been approved, and they were in the process of doing the joint venture with them, which stated that they would put up the arose signals, etc. The dedication for the street was in the mill and would probably be completed within 60 to 90 days, depending on the City of Corinth. After that, construction could begin. Mayor Stewart asked if they were planning on this pretty soon. Boyd responded, yes, they were In the middle of it at the present time. They were in the process of doing this connection anyway and it blended perfectly with the Lakeview project. The tight-of-way which they were doing would be two Sections of 36 feet of pavement developed st different times as traffic warranted. The first one would be 36 teat wide. They felt they might need this at the initial phase for any trucks, etc. They were right on the Interstate and might need this type of access. The roadway might end up being slightly larger than the portion tot Lakeview. Mayor Pro Tea Hopkins asked it the right-of-way would exceed 120 feet. Mc. Boyd responded that the dedication at this time was tot 120 feet. Mr. Steve Des Jardine, cepresonttng James Brown and Joseph Towall, spoke. in favor stating that his clients owned the property at the Shady Shores and tnterstate 35 intersection. They were currently negotiating to purchase the property which was currently owned by John Walker and Harold Holigan. Fa and Mr. Walker had reached a verbal a7teeaent and wece now into the contract phase on the Ill acres. This wee being done in coordination with Miller of Taxes on dedicating the 120 feet right-of-May and building the initial two lanes as soon as the City approved the building plans. A bond would be put up for this construction. It for arty reason they were remiss 424 City of Denton City Council Minutes Meeting of January 7, 1906 Page Seventeen in tUilding the roadway, the City would be able to enact the bond and complete the thoroughfare. They felt this was a strong positive to the project, because it put the entire connection between university and Interstate 35 within the boundaries of the City of Denton without having to cross municipalities. They were very excited about this project in the City, His firs owned several other large parcels in Denton and were very heavily involved in Denton's future. Mayor Stewart asked it he was saying that there sight be a different exit to the south othec than the original one shown. Mr. Der Jardine responded, not instead of, but in addition to. Mt. Bob Williams, 2707 Quail Ridge, Caccollton, spoke in favor stating that he owned property north of this project on Miller Road. He understood that with these developments and the utility extensions, roadway, sta., his taxes would rise, but it was his feeling that his property values would rise far in excess of the cost to him. Mr. Phil Cauley, owner of property in the area, spoke stating that he was In favor. Council Member McAdams asked Mr. Cauley whets he lived. Mr. Cauley responded that he lived in Dallas. Me,'4udy Grimes, a resident of the area, spoke in tavoc stating that she was currently under contract with the Millec Company to sell some land for the purpose of constructing the road. She and het husband were also prepared to donate most right-of-way tot the construction of the road. Mostly she felt that this large controlled, planned development could do nothing but benefit the city of Denton as opposed to numerous small, scattered areas of uncontrolled development. Ms. Karen Abernathy, 1204 Rio Grande in Township II, spoke in opposition stating that she was not anti-gtowth but it could be accomplished in an organized manner. She believed approval of a project of this magnitude with this many gray areas would be unwise. She was concerned that the jobs which would be created would only be for the short and not the long tun. She was also concerned about the proposed north/south artery in the context of future traffic flow, She further stated that she believed that the density was tnappcopriate and that the delivery of city services would lag behind the development. There was a need to go more slowly on a project of this magnitude. She stated that she felt the intentions veto good, but the planned development as presented has not be refined and, as presented, was not good. The project should be retorted back to the Planning and Zoning Cowvaisslon tot the details to be worked out and then brought back before the City Council. Me, Tom Joslin, residing at the intersection of Blagg and Geseltng Roadd', spoke in opposition stating that he lived directly to the north of the proposed development. He then presented a signed petition asking the Council to over-rule the Planning and Zoning Comaission's recommendation for approval. The P&Z did not follow the staff recommendation regarding several of the conditions for this planned development; i.e., streets, *to. The proposal as presented would provide inadequate traffic controls for their area. The project had a potential population of 20,000 on less than 700 maces which he felt was too dense. Also, there did not appear to be enough single-tautly dwellings in the proposed plan. He would also question the tax benefits to the City and felt the advantages toe the Denton Independent School District would be offset by the number of students who would be added to the schools. City at Denton city council minutes Meeting of January 7, 1966 Page Eighteen Mr. Mitchell Turner, 2118 Stonegate, spoke in opposition stating that he was concerned that the Lakeview development would affect the quality of Litt which'was now enjoyed in Denton. He was not opposed to growth, but felt this particular project was too dense and would change the character of the City. The conditions which were attached to the planned development should be more restrictive. This development could cause Denton to become the "bedroom" community tar the metroplex. He had moved to Denton eight years ago to obtain a better quality of life, and developments like Lakeview would affect that quality. It the development were constructed, he believed that there was the possibility that Denton could become just like Irving, Plano or Arlington. No. Claudia Brown, 318 Ridgeceest, spoke in opposition stated that she believed the additional population would adversely affect the services which wore offered by the Police Department. There were a great many apartments in the proposal, and apartments wece quite often for temporary residents. Ms. Sharon Lowrey, rr~sidsnt of Township it, spoke in opposition stating that, in her neighborhood, changes had been made from the ociginal plan as the properties developed. They now had Wolfe Nursery in their backyard. It would be wise to have very specific commitments and information in writing prior to approval. Mr. Hugh Ayer, 423 Mimosa, spoke in opposition stating that those who lived in Denton were very fortunate. The city was goi«q to grow and this presented a splendid opportunity to see that the City grew in a positive mannet. He did have several concocna in relation to the Lakeview development. He felt the density was ter too great. Traffic was another concern and he did not tool the proposal should be approved until specifics regarding the north/south artery wece agreed to in writing.. He also did not fool that only eight acres of pack land and the promised $250,000 seed money tot grants would be adequate tot a development of this rise. There was also a debate on whether that* would be two, three, or tour school sites donated. His primary concern centered around procedures. The staff cecosmen- dations to the Planning and Zoning Commission were not followed, and the proposal was approved by the P&Z by a vote of 3 to 2. He felt this particular project had been rushed and should be carefully reconsidered prior to a vote by the City Council. No one else spoke in opposition. The Mayoc allowed Mr. Andecton five minutes tot rebuttal, Me. Lew Andecton stated that he Colt most of the comments and uncertainties which wece not clarified had been addressed. He believed that many of the concerns spokon were detailed in the revised plan which the Council had received. The one exception was the issue at the school. At no time, did any members of the school district mention a fourth site until he received the letter from Gilbert Bernstein on January 6. Each and every time the issue was discussed, they had talked about only three school sites. What he would ask was that, when you looked at their development, you could ask so much from a developer. In this case, the City was asking them to give 91 acres of land for a six-lane thoroughtate with the land having a value of close to 12,700,000. They wece donating two school sites. he you looked at the sap to the north, their development comprised only 1/4 of the area, The Denton Independent School District had already purchased 70 acres of propecty just west of their propecty for a high school. The School District had told them that tour total sites would be needed in the area. With 1/4 of the land, they woes donating 1/2 of the sokkool sites. In addition, they had agreed to the third site. This site would be located in the south area at the request of the school distciot. The project to a whole and the impact upon Denton could only be felt when the total bottom line picture was analyzed. He wished that Dr. McKee had been able to have mote information for the Council. He had 426 City of Denton City Counoil Minutes Nesting of January 7, 1986 Page Nineteen specifically asked the City and asked Dr. KO[** to find out how many police officers would be needed for the development, how many tic* stations, *to., so that they could look at puce bottom line. Whatever the figure was that staff had come up with still left a bottom line of over 15,000,000 in excess revenues after deductinq the expenses which had been brought up. The cost of the toad and bridges, forgetting the 12,700,000 for the land right-ot-way which they would be donating, would be in excess of 19,000,000. it there was 19.000,000 just in pavement costs, it should not be hard to see that there would have to be a lot of homes to pay for it. No one who studied that figure closely could come to any other conclusion. The occupation density in the high-ciao was difficult to project. Due to other eoonomte factors, amortization, etc., it was difficult to say when and/or it the units would till. Some of the high-rise units might be built, and the density might be thecel however, none of this would happen if there was not a market tot the unite. During platting, the Council would have the right to assess what size unit would be placed on the property. I% was difficult for anyone to say what would happen in the year 2000 or beyond, What was known was that Killer had to build the road now. They simply had to come up with numbers which would justify the cost of the roadway. With the highway in place, it was the market and what people were willing and able to afford which would ultimately determine what type product would qo onto the property. The developer did not dictate the matkets the consumer dictated what type of product they would buy and use. The Council could appreciate the complexities in trying to envision exactly what woutel be developed on the Land when looking at a project of this size. Kayor Stewart asked it Killer of Texas intended to use City of Denton utilities.. Anderton responded, yesj in working with Kr. Watson of the City staff, they had considered alternatives including Texas Power and Light. The commitment of Miller of Texas was with the City of Denton. it they never built anything in the City, they still would own 2,000 sores of land here. They had an interest in the quality of life in Denton, because their very success did not depend only on this particular 700-acre development, but also what would happen to the entice 2,000 acres. They felt that, it they could week in harmony with the City staff, it would be a plus tot both. Council Member McAdams stated that, as an alternative way of looking at what Miller was asked to give, while she could appreciate the cost of those things, it the density in the whole parcel was reduced, perhaps the additional school sites would rot be needed. The possibility of reducing density was a good option to reduce the cost of some of the "give sways" and still provide an area which many people could live with somewhat better than the density which was being proposed. Anderton responded, this was exactly right. They had agreed early on that in a project of this size, the key factor was that it pay for itself and not be a burden on the City. In addressing that, they had devised a sophisticated formula. The caw Infrastructure alone for this project would exceed $75,000,000. With a comaitment of this size, they wanted to be sure that the quality of the overall project would be high. With that in mind, most of their data tied everything to the traffic. In other weeds, not wait until a pcoblom existed, then construct more lanes. They would put in the road before anything happened. In essence, what they had done was to protect themselves. They had projected the density, but it could well be that they were wrong and the entire high density aces could be down2oned. The cluster or multi-lastly housing might be used by older people with no children. In either case, the worst thing that could happen would be that the City of Denton would have the right; of-way whether the coed was built or not, Council Membecs MoAdame stated that the possibility of dowazoning would not necassacily be pleasing. it would depend on how it was NOW 427 City of Denton City Council Minutes Meeting of January 7, 1986 Page Twenty done. Theca currently was a So units pet acre, multi-story portion in the planned development, Miller could Como back to Council and ask to have this put down to 3-story units and put 30 units per acre and say that this was less dense, ?can the perspective of the Council, it would not be less dense, because they would be crowded, The market dictates what will happen. There were no guarantees that theta would not be changes made in the planned development and soon the document woui.d not remotely resemble what the Council was considering at this meeting, Anderton cesponded that much of the property would remain as presented due to the fact that it abutted the lake property. Council Member Stephens asked if the entire 2,000 acres which Miller of Texas owned was inside the city limits. Andecton responded, yes; theca were approximately 1,200 acres in this parcel and an additional 000 acres On the west side of Denton. The Mayor closed the public hearing. Jeff Meyer, Director of Planning and Community Developmont, teported that 3 reply forms were mailed with 0 returned. This was an unusual cases it was a planners dream to tie up this such land and know exactly what was going to be done. It was also a planner's nightsace, because, it it was not done right, the City was left with the end result torevec. The developer was asking tot such more than the Denton Development Guide allowed in the areas of density/ intensity, but, in turn, they would be giving the City streets, improvements to existing roads, packs, etc. It the Council wished to accept this planned development, he would ask that they also adopt the conditions as cecommended by staff which went tat above and beyond the conditions recommended by the Planning and Zoning Commission. He did not blame the P&Z. There was a lack of information, and information was being received late; however, he did not feel that there were enough restrictions. The Council agenda back-up material showed that the City was pretty restrictive in what was allowed, and the Council would still have comprehensive site plan and plat approval. If the Council wished to approve this petition, Meyer asked that they please take all of the staff recommendations on conditions which were very restrictive. This proposal did violate the Development Guide; however, the developer did make a concerted effort to work with staff In trying to work out trade-offs. It had been suggested that this may have been pushed through too fast Another possibility was to table the request and further restrictions could be wocked out, Staff had reached an agreement with the developer on the conditions. The Council had to decide if they wanted to allow the density in order to get the guarantee of the streets. Staff was caught in the middle, While they loved to be able to plan this much property, this was density. When completely built out, it would, in effect, double the population of Denton. This would happen anyway, some where in time. Council Member uiddlespergec asked if staff had calculated how such this would cost. Meyer stated that staff had never received the economic analysis which they wanted. Nationally, a residential development never paid its own way. It the City realized a $5,000,000 asset due to this development, we would, in turn, have to build fire stations, police depaitsents, squad cars, parks, etc. There would be a $2'10,000 donation for packs and the land, but it would cost $2,000,000 to $3,000,000 to build it. The same was true toe the school district. The tax information which was generated was not matched against actual cost, Council Member Chew stated that he felt all of this type information was pertinent to making a decision. There was no way the Council could review this pcoject without all of the pertinent intormation and make an intelligent decision. 428 City of Denton City Council Minutes Keating of January 7, 1996 Page Twenty-one Council Member Riddlesperger stated that he thought this proposal had been cashed a little. Council Member Stephens stated that Meyec had mentioned that the costs would tar outweigh the benefits, Mc. Andecton and Dr. McKee had stated that there would be $5,000,040 in excess revenues after the City costs had been figured in, Mayer responded that he did not agree, it a financial analysis was to be presented, s•jmeone else should look at it from the other side. He could not think of any other area in - the country where residential development paid its own way, It this was true, the city would not be raising taxes every year, Council Member Stephens asked it another economic analysis would show what the increases in taxes would have to be to pay for the services to th'_^ area. Meyer responded that Staff would have to know how many additional cars would be needed by the Chief. of Police, how many people he would need toe staff, ate. Meyer then stated he did not want to be taken wrong. He felt the developer was sincere, and this could be a tremendous asset to Denton, but "let's not give away the store." Mayot PSo Tom Hopkins asked how long it would take stair to get the data together toe a work session. Mayor responded that within a month, Stott could gather all of the information. Mayor Pro Tam Hopkins stated that it appeared to him to be a very rushed situation, and he did not see all of the information which he wanted to absolutely tie down on paper some of the issues. He would like to see what would happen with the two thoco%ghtaces. He also would like to see what the income from inoceati,rd sales tax and revenues would be. Another question was who was going to work where - he did not teal the assumption could be made that all of the residents of the new development would Work .in Denton. It also could not be assumed that the caly income to the City which would be forthcoming from this development would be taxes, Moy,,r stated that Council also had to remember that the area would develop anyway, and the City needed to get the best quality growth possible. Mayor Pro Tom Hopkins stated that the north/south corridor was very tmportta' to the City and Celt a work session could work out some of thee* problems. Council Member Chew asked if a continuation would be in order. Council Member Riddlesperger asked would it not be proper tU corer this back to the Planning and Zoning Commission. The voce from Planning and Zoning was 3 to 2. Because of the hesitation on their part, it seemed to him that the proper thing would be to send it back to P&Z to work out the details and then to make another recommendation to the Council, hopefully with a better vote than 3 to 2. Mayor replied he wanted to point out that the City did not have any economists on staff. Council Member Chew stated he Celt that, with the proper information in a work session, the Council could work through this problem. 4 29 City of canton city council Minutes Meettnq of January 7, 1906 Page Twenty-Two Meyer responded the same problems would exist. The staff liked the aspect oq havinq ohs plan to work with, It staff had to deal with multiple developers tot this same parcel of land, it would be totrible. (hers was no doubt In his mind that Millet of Texas would sell oft pieces of this property. they would not develop all ct it themselves. That was the history of land development in North Texas, Mayor Pro Tom Hopkins stated that it developed by multiple developers,. the City would not receive the north/south corridor. Meyer replied that also, under this configuration, that* would be a single plan, and any changes would have to come to Council for amendments. Mayor Stewart stated that this woul.a be a safety valve because amendments would have to go through the staff and the Council. Meyur responded that one of the recommended conditions was for a comprehensive. site plan and plat approval which gave the Council two opportunities to approve any amendments. Council Membet McAdams stated that one of the things which she would like to see addressed in any additional information was the packs. There was a lot of talk about the leasing of Corps of Engineers property, which would be quite expensive. She felt it might be possible to develop facilities along the lake which might pay for themselves through tees. Even it this were done, it did not addcees the need of the projected 20,000 population in the proposed development for neighborhood parks. There seemed to be a definite shortage of neighborhood parks. It would appear that those living in clustoc homes or high-rises would have a need for green space. This green space would be needed near the homes and not over by the lake whets a type of regional park would exist. No very much Information regarding this need was available, and amount offered was well below what the Council had previously recommended as the acreage which should be dedicated to the City by developers. There seemed to be no discussion of what would take the place of the park areas. Mayor Pro Tam Hopkins stated that a study of that issue would take into affect the Corps land and what could be done with it, Meyer stated that he felt the developer was sincere in wanting to build a quality environment. Maybe a delay was the best thing. Council Member McAdams stated that she certainly was not trying to suggest that the developer was trying to "get to" the city in any fashion, however, she thought that the market was going to be a co~itcolltnq factor. The Council could state what they wanted; however, it the developer got half-way through the development and it just would not sell, then the City had a problem. The Council should look at this with that possibility in mind and make sure that there were some reasonable alternatives. Council Member Stephens stated that it had been said this project was a challenge to the community. lie wanted to mention to Mr. Andecton that he appreciated the interest of developers in working with the City of Denton. The City was going to grow and everyone wanted to have a managed growth. The questions from the City Council ware not meant to be Inhospitable, but they were used to peorle following the guidelines for development. since this was "oft the wall", it took a while to get used to it. There was only one paragraph in the agenda back-up materials dealing with utilities, it an economic analysis or impact study was to be done tot a study session, he would like to have more information on the utilities. Water and sewer issues had been only briefly addressed. The wastewater ttsatment plant was scheduled for upgrading in 1995; it might need to bo upgraded sooner if this development were k 430 City of Denton City Council Minutes Meeting of Januacy 7, 1986 Page Twenty-Three approved. This would tie In with the study that Dr. Littlefield was conducting. It might affect what the cost of the service would be and what would be the source of funds. Meyer respondod, that was correct. There was the question also of dual certification. me. Anderton might opt for City of Denton electric utilities; it the property were sold, the new owner might want Texas Power and Light. Council Member Stephens asked it this could be tied down? Also, nowhere had he seen the oversize cost issue addressed. The developer would put the intrasteuctute in place on their property. The City would have to connect to it; what would that cost? In time, the City would be reimbursed as people tied onto the system. His concern was what would have to be added to the rates for existing ratepayers until the pro rata money was returned and Where would this money come from now? The City had been able to absorb thiss cast due to piecemeal development in the past. This was significant growth end might present funding problems, Acting City Manager Rick Svehla repotted that he thought it was important to understand that theta were problems and staff had attempted to address them. It needed to be kept in everyone's mind that it the property wad not developed in one large piste, the City had a history of having problems in obtaining tight-of-way and agreements on building structures. It was a definite plus that Miller was reaoy to agree to these. Regarding utilities, he also wanted to be sure that Council Membet Stephens understood that Miller of Texas was agrseinq to build to the plant. In other words, the City would not be building out to the development for them to connect. Staff would be glad to furnish additional information cogardinq police and fire services it that was the wish of the council. It was difficult to talk about attest replacement costs because most of this development would be built out before those costs were incurred. Normally, streets wets designed for a 20-year life. It he understood the developers plans and projections, he was talking about a S- to 10-year build out. In terms of this type of data, limited data was given due to the fact that not very much costs would be inoucred during the first 10 years. Mayer stated that he felt it was Incumbent upon the developer to provide this type of Infatuation. Staff would analyze the data; however, it staff had to gather the information, they ware doing the developer's job. Council Member Stephens stated that he had previously been retorting to ovetsizing of utility lines - getting the pipe out to where the developer would tie on. The line was going to eventually serve mote than just this acreage and, therefore, any overaizing would be done now, and he was referring to the cost and the source of funds. Another point regarding the sewer line was that, even though the developer built the line from their property to the plant, the capacity would be used up at the existing plant at a faster rate. The council had earlier P.iseussed impact tees, and this was a concern which should be ade.tessed here. Chow motion for continuance until the first council meeting in Vebtuacy so staff could gather the Information which the Council needed. Council Member Riddlesperger stated that he felt this was a shoct time and still thought the Planning and Zontnq Commission should be involved. He felt the P&Z should close the proposal and refer it back to the council. Mayor Stewart stated that the P62 had already reviewed the planned development and mAde their recommendation to the Council. The public hearing had already been held. City of Denton city Council Minutes Meeting of January 7, 1986 Page Twenty-Your Council Member Chew asked Meyer it 30 days would be adequate. Meyer stated that he could only speak from the City's side. The developer had a clock ticking on his money. Meyec then stated that the developer suggested that the Council make their minds up one way or the other, Council Member Stephens asked, when? Meyer responded now. Mr. Andecton requested to speak to the Council. Mayor Stewart asked it two members of the Council wished to heat Mt. Andecton. Council Member Chew stated that he wanted to be sure that this was what Mr. Anderton was saying. Council Member McAdams s"~atod that she wanted to be sure that, without the information the Council wanted, me. Andecton wanted them to make a decision. Me. Anderton stated that what the council saw betoce them at this meeting was 700 acres. This project might seem new to many people. They had sent lettece asking for input, over six months ago to address the size and particular problem,: which a project of this size would bring to the City of Denton, in working with staff, the same information which the Council was asking toe now, they had asked for in the very beginning. In return, they had been asked to commit more and more money and provide more and more commitment from their side of the table. To be more specific, when this 700 acres was brought in, they had asked at that time to have meetings with all department heads, which they had held. All the same issues which the Council was asking to have resolved at this meeting had been around the table once or twice. He understood that this could be put oft and put oft until the perfect development in everyone's mind could be achieved. He felt it was unfair when the developer made a commitment of this size and, in effect, had capitulated on every roquost from the City to delay. Their clock kept cunning and there were other alternatives available. Miller of Texas had novae said that they had to have this particular plan. This was what had evolved out of all of the meetings. They thought they had an agce' ment with staff as near as they could prior to this sooting. Another delay would place a burden on them when every month the interest was costing them $600,000. They wets a little disappointed that they were not better represented at this meeting from the City staff. Theta was no issue which the Council had brought up which they wanted an answer for, either now or 30 days from now, that they had not addressed two months ago. Why veit any longer? It seemed to his that the Council would like to have a project of this type, when they considered that this was only one phase. In other words, the Council would have opportunities to addtese the key issues on the southec,i route 30 days or six months from now. It Council wanted to reduce the density, that could be done on the southern portion of the development. This whole project was either going to work or not work based on the densities. Miller of Texas could not build a $9,000,000 road without the units and that would not change. Council Member &iddlespergee stated that this was the biggest single development which the Council had faced, and they would like to have all of the so-called agreements and understandings tied down. What the Council was saying was that they wanted everything spelled out and agreed to very specifically to that they would know exactly what they were doing. At this point, all they could took at ware the tecommendatiors by staff, and agreements and understanding which had been talked about at this meeting. He personally felt this was a 432 City of Denton city Council minutes meeting of January 7, 1986 Page Twenty-five tromeadous thing tot Denton. All those who spoke against the development vote not opposed to concept but wets rather concerned that specitius be tied down. That was what the Council was asking for in this wait to make the final decision in 30 days. It was not that the Council did not appteoiar,e the work which had been done with the staff. Anderton replied that this was where he was confused. They thought they had addressed all of those issues in the last revision of the plan. Before Council were specific conditions which were specitt- cally designed and drawn to tie down what he felt were the issues which wets raised by the Planning and Community Development Dapattment. He had given the city what millet of Texas could live with, and he thought this Information was in the additional conditions. Mayor Stewart asked fir. Anderton it he could live with the staff recommendations which had been made, Anderton responded, yes. On every issues which was made, every condition which Start had added, Killer had agreed to give in to those. Mayor Stewart stated that there were a number of recommendations which had boon male. The Director of Planning and Community Development had suggested that the Council adopt those staff conditions, could Mr. Anderton live with that? Anderton responded, yes. On the first phase, Miller of Texas could live with every one of those conditions. They had serious financial commitments that they had to make now on the additional 400 acres, or the main tie, which would in effect be the first to actually see development. They actually had bought time. Everyone, especially David Ellison, had been told that they needed to have this done before the end of the year because that was when their time was up on their contract. They had already delayed and committed money and thought they had the issues resolved. As tat as Council Member McAdams questions regarding the park situation, Steve Brinkman could address those. All of these things had boon addressed. Council member McAdams stated that the issues were not addressed in the materials which the Council had. She also felt it was a little bit unfair. Mc, Anderton spoke of having worked on this plan for six months or to, and then he came betoce Council with this type of intormation and was asking them for a decision. The Council had a responsibility to the citizens of Denton as a whole. This was their first look at this, and he was asking the council to say yes or no right now because Miller of Texas did not have time to wait anymore. She did not believe that was a fair attitude and teankly, without looking further and having additional answers, she would not vote In favor of the proposal. She felt it could be a positive thing tot Denton, but she did not know that tot certain in its present form without some additional information. tf Mr. Anderton could afford to wait, there was a that possibility the council would say yes,, however, it he could not wait, as tar as she was Concerned, she would vote no. Anderton stated that Ms. McAdams had made it clear that, with present information, she was against this. Did they not have the opportunity to hear what the other Council members felt as It may or may not be worth their waiting. They had given all that they could. Council Member Chew stated it Mr. Andecton pressured a vote at this meeting, he would vote no due to a lack of Information. He was for growth and felt this development could be a positive thing toe Denton but he could not be pressured into making a decision of this nature without the proper knowledge. Council member Stephens stated that he wanted to see the economic analysis with the negatives and positives, 433 city of Denton city council Kinutes Keating of January 7, 1906 Page Twenty-Slit Kayoc Pro Tau Hopkins stated that he would echo council Member Rtddlasperget's comments regarding the people who had voiced an opinion on the project were seeking specifics to be tied down. This was all that the Council really needed. They all felt this was a very positive thing, but they did want to tie those things down in their- own minds. The Council did appreciate the work that Millet of Texas had done. The Council had been aware of this project tot approximately one month, and it vas somewhat difficult to get into a project of this magnitude. Hopkins further stated that he did not and- he wanted to and would prior to voting. Andecton asked what information It was that the Council requited an4 who would furnish it. He had provided information through the consultant studies, even though he had paid for them but had no input, and It appeared that the Council was now saying that they did not accept the figures. Thirty days from now, how would the Council get the answers which they would believe? Miller had given the Council a set of figures, and what he was hearing was that none of them were accepting them on their merit. He felt that the City should come up with figures to dispute the consulto~t reports. It they did not feel there would be a $5,000,000 cash low plus when the development was completed, show him why. They had asked before for the City to provide this; It was not his job to run the City. Mayor Pro Tom Hopkins stated that Mr. Andecton was exactly right. The Council did want the staff to put together figures for their study. Council Member McAdams stated that the Council was not saying the figures were incorrect, only incomplete. They only showed the income and not the expenses. Andecton stated that the figures did reflect all of the expenses which Miller of Texas had been given by staff, Council Member McAdams stated that she was sorry it Kc. Andecton was not given something which he should have had. What Council was saying now wan that they would like to have it before they made a decision. council Member Riddlesperger stated that Kt. Andecton had answered some of the councils questions at this meeting, An example was the completion of the connection to interstate 35. None of the Council had any indication that this was possible, although it had been discussed. The Council wanted to have tied down what they were agreeing to, what was Millet suggesting at this meeting that had not been done before? Mayor Stewart stated that he felt it was tied down by the staff recommendations. It these were agreed to, it would tie It down. He felt personally that Miller had done a good job. Maybe in a month, the Council might accept it; however, he felt if the conditions as recommended by staff were attached to the planned development, he personally was willing to vote for the project at this time, Council Member McAdams stated that one of her problems was that the conditions were not in place when the proposal was before the Planning and Zoning Commission. The answers to the questions which might have been asked at that point, were missing. This was not the usual manner to handle this developments. This was a tremendously changed packet from what had been reviewed by the P&Z because of the add-one. Mayor Stewart stated that Jeff Meyer had said it wet a good thing if accepted with the staff conditions. He had asked Mr. Andecton it he were willing to accept the staff conditions, and he had responded, yes. 43 4 City of Denton City Council Minutes Vesting of Jaauacy 7, 1906 Page Twenty-Sewn Council Maabee McAdams stated that this did not answer some of the other questions that might have been asked it those same conditions had been in plaeo when the proposal was before the Planning and zoning commission. MaYOr Stewart stated that he understood Me. McAdams concerns but also felt that Mr. Anderton deserved an answer, and he was willing to give him one. Mayer reported that it would take some time for each department to produce the types of tiguces which wets being asked toe by the council. Council Member Chew stated he felt the staff should drop other projects and get this done, Mayor Stewart stated that there were other developers who wets coming in who needed work done and staff could not drop everything. Council Member Chow stated that was correct, but staff could drop enough things to gat this project done. Anderton stated that he appreciated the Council's comments and, it Mayer could get the data in 30 days, he would like, to have the information a few days in advance of the meeting, At 5:00, prior to going before the Planning and Zoning Commission, he had been handed the requirement to build the six lanes all the way and at the beginning of the project. It miller of Texas and the staff could work together, he would lend the assistance of the consultants that he was paying. It they could be assured that the bottom line costs from the City would be ready in 30 days, they would be happy to acquiesce and wait until that tine. Council Member Chew stated that the meeting would be on February 4, 1986. Hopkins second to the notion for continuance until February 4, 1986. Council Member Stephens stated that Me. Anderton had said something which bothered him. He had stated that he had received the intocma- tion just prior to the Planning and Zoning Comsission meeting. How much time was given the Planning and Zoning Commission with Dr. McKee's study? Dr. McKee responded that the report was given to the P&z on the day betoce Thanksgiving. Council Member Stephens stated that the P&Z members probably saw the report on Sunday oc Monday and than had their meeting on Wednesday. That did not give them enough time to study the figures. Council Member Alford stated that the Council had all basically said the same thing which was that their concern was for what was best tot the City or Denton. He did not think that anyone could look at what was happening and not feel some excitement in the plan. The Council needed the time for study so that they could ultimately do what was talc tot everyone concerned. Mayor Pco Tom Hopkins stated that he felt it would be appropriate to have a work session to go over the start's recommendations one at a time, perhaps on the next Tuesday. He also wanted to compliment the developer. There had bean no project which had ever been before the Council which had the data and input as this one had. Vote on the motion to continue until February 4, 1986 passed 6 to 1 with Mayor Stewart casting the "nay" vote. 8. The Council held a public heating concerninq the request or Miller of Texas tot voluntary annexation of 801.705 acres 471 city of Denton City Council Minutes Meeting of Fsbcuaty 4, 1986 Page Seven Agenda item 4.F. was moved ahead in the agenda order. The following ordinance was presented: NO. 86-24 AN ORDINANCE CREATING AND DESCRIBINQ FOUR SINGLE. MEMBER i<LECTION DISTRICTS IN THE CITY OF DENTON, TEXAS; DETERMINING THE POPULATION OF THE CITY OF DENTON AND OF EACH SINGLE MEMBER DISTRICT; AND PROVIDING THAT THIS ORDINANCE SHALN BECOME EFFECTIVF FROM AND AFTER THE DATE OF PASSAGE OF THIS ORDINANCE. Stephens motion, Chew second to adopt the ordinance, On toll call vote, HOAdame "aye," Hopkins "aye," Stephens "aye," Alford "aye,w Rtddlesperget "aye," Chow "aye,w and Mayor Stewart ways." Motion carried unanimously. 3. The Council considered approval of Z-1779, Lakeview planned development. Mayor Stewart stated that this was not a public heating and the council was not required to listen to either pros or cons. A written request had been received from Mr. Judd Holt who wished to speak, The council had agreed to let Mr, Holt speak for 3 minutes and to allow 3 minutes tot rebuttal, it any. Me. Judd Holt stated that the main question was one of density. It theca wee no control of growth, Denton would become just another bedroom community with no separate identity. The key to the quality of growth to Denton was density, open space and the amount of coon. Each Council member had an opportunity to apply a vision for the City's future, an opportunity to determine the future of Denton. This was a very important decision. He felt the residents of Denton should envision an acea which they would be glad to take out of town visitors to see; a section of town which had pleasant streets and native treas. Denton was a diverse area; there was a need for duplexes, apartments, varying sizes of lots. There should possibly be attractive high class. Residents would want to show visitocs that the new section of Denton was an extension of the old section and inoludsd not only the smaller lots of SF-7 and SF-10, but also SF-12 and 87-16. Not everyone who wanted a larger lot should have to move outside the city limits of Denton. Residents would want visitors to see neighborhood packs, not )list park areas along the lakes. Also there should be several elomentary schools and junior high schools foe the new area as well as police and tits substations as welt rs recreational and athletic facilities. Residents would also want to be able to tell visitors that this atea was not subsidized by the rest of Denton. The test of Denton was able to improve the existing toads, existing packs, build more recreational centers end improve its schools because it had not been saddled with a tremendous economic burden brought about by Lakeview. It he vote a developer trying to sell this plan, he would down play the fact of absentee developers and the uncertainty of the quality of the buildings to be constructed in the acea. He would talk of orderly development and tell the Council that this would be a method of accomplishing that goal. He would not tell the Council that orderly development could be achieved by more packs, mote school land, note lands tot police, ties, libraries and wider stteetr. He would not tell the Council that theta could bn more orderly development with more single family housing than multi-tamily housing. He would refer to the people who opposed the development as proponents of no-growth and make it a growth versus no-gtowth issue. Personally, he enjoyed the growth which Denton was experiencing, but he also wanted people living in the City who intended to remain in Denton. It he'were the developer, he would talk to the Council about the jobs which would be created by Lakeview and would not mention that most of those employed would, in all likelihood, come Cron the Lakeview acea. He also would not mention that most this acea would _ 4 72 city of Uentoo city Council Mtautes Meeting of February 4, 1906 Page tight become an area of ttandients and not an area where people would come to stay. Ons of Murphy's laws stated "Whatever they say it,s going to cost, it will cost a whole lot mare," He would add also, "They are not going to pay for it - you and 1 are." it he was the developer, it would be sure that the debate revolved around cost benefits. He had read several things about the cost benefits but was contused. He did not think anyone in Denton would be opposed it there were note lots added - more single lastly homes. He would not be opposed to a plan which dedicated 60 to 70 acres of park land as long as it did not include the Corps of ';ngiaeot property. He would not oppose a plan which gave adequate land for community centers, including recreational centers and libraries and land which could be used for fire and police substations. He would not be opposed to a plan which gave land for a now high school, a junior high school and a sutticient number of elementary schools. He would not be opposed to a plan which presented an environmental impact study and which did not exceed the present density levels. It the developer was seriously interested in the City of Denton and was developing this property, he would most with the citizens and the Council and prepare a plan which everyone could be proud of. it, however, the developer was solely interested in the property for speculation purpooes and quick profit, the Council would probably not hear from them again. There was no rebuttal. Council Member McAdams stated that the haJ thought about this development a lot, talked to people, looked at the statistics of what was proposed and what the City looked like now. She realized that the City would grew; however, one of the important things to consider was what. was it about Denton that the residents had come to know and love. A large part of thit was the type of lifestyle which the residence could enjoy. She raeognlxed that it was true that this was not perhaps au dense a development as some In different cities; however, Denton had chosen to something a little different. Denton had chosen to have more space even if it cost more and had, by and large, agreed to pay for that. Residents talked about how much they enjoyed living in Denton. The vurrent density was 4.6 units per aare and Lakeview was a development which would be at least 1/3 as large as tGte curront City and with a density of 16 units per acts. This wad considerably more than what the City had at this point. She did not tool this would provide the sore quality of life which Dentonites had come to enjoy. She would like to Lakeview develop but she would like to $ee it develop with the same density as the cost of the City. A density of 5 units pat acts on a balanced scale, with the exception of the high ties, would be acceptable. Council Momber Stephens stated that at the meeting of January 17 Council had been told that the development would represent a $10.9 million loss and than on January 30, they had been told there would be a $276,000 gain. This was the ease property with the name proposal and he did not understand the difference. He did not know what to believe and wanted an explanation from the staff. Acting City Manager Rick Svehla reported that there wets two issues which staff did not feel had been appropriately presented at the January 17 meeting. The first 0 these two were tines and feed. In the calculations, staff did not look at any fines and tees tot any police activities or other tees which normally ocolic within the city. Staff based the 4dditional number on a total split (population for population) between what was existing in the City now and the adoltional 20,000 people which would be '.n Lakeview. it included, it represented approximately $1.6 million. The remainder of the alteration to the tines and fees was that portion which would be received from the County, at current levels, tot the per capita cost of fife protection which Denton provided in the County. Staff felt certain that this would be at least $400,000 and probably more. A very conservative approach was taken as to population 47 city of Denton Ctty Council Minutes Meeting of February 4, 1906 Page Nine growth in the Lakeview project. The second change to the calculation was the Ln atea of the Packs and Recreation Department area or the capital improvements area. At the January 17 meeting, state discussed the information that the Director of the Parks and Recreation Department had provided to the Council outlining an additional $13.0 million in capital impcovexents to all of the parks. In a memorandum dated January 30, some of the changes were discussed which staff felt wets appropriate. The first was 11.0 million which Mr. Brinkman had placed in the estimates for pack land acquisition in lieu of the Corps of Engineer land. The assumption was that there might he some problem In obtaining this land from the Corps. This had been researched and lease forms had been received from the Corps. Brinkman had reported that he knew of no circumstance whets the Corps had refused to lease this type of land for park facilities. The other portion of the cost change came from the large packs which were going to be developed. staff took the point of view that since these were large areas similar to the Worth Lakes area, that they would be more community in nature. The costs wets therefore split out with some of the cost to be borne by other subdivisions other than Lakeview. Yn terse of some of the other facilities such as a golf course, *to., staff's position was that they were be note municipal I.n nature and not solely tot the Lakeview development. Appropriate reductions were made to the costs tied to Lakeview. The thicd reduction was In the area of sales tax. Attec review, an error had been found in the information presented to the Council on January 17 having to do with the way the growth occurred and what staff was assuming to be the amount being paid In. The actual amount of dollars per person generated by Lakeview had been revised. However, in the method of calculation based on the growth of Lakeview, it would make for an increase in sales tax. There were other areas which were reviewed and there were calculations which could be done in terms of construction, Assumptions could or could not be made oc. the cost of wages which would affect the cost of construction. Staff did not feel comfortable with these and so they were omitted. Basically the throe areas of change in the projected revenues and/or expenditures wets the sales tax, tines and tees and the packs. Council Member Stephen, stated that the city could not depend on U. S. Government land forever fne and asked how long could the public land be used and would there be park space. Another issue which had not be addressed in the pro forma was that the ad valorem taxes of 126,0 million was at build out in 15 years. What would be the taxes tram the first to the fifth year, etc. so that the city could be sure that the difference in the cost of police and tics, etc. did not have to be made up by the current residents until the and of the build out. where the 1276,000 per year gain would bra realized. He was not opposed to the growth but rather wanted to be auto that it tit with the other proposals which had bean presented for Denton tot controlled, orderly growth. The Council wanted Lakeview or any other development to follow that same general plan, He had reservations regarding the development and density was one of them, Was there any negotlation room on the density? He personally Celt the density as proposed was wrong for Denton and could not support it. Was there any middle ground whist, could be reached, Council Member Riddlespergnr slated that the figures showed the total revenues of the Lakeview development would be 136,306,501 and the expenditures would be 128 million plus the capital Improvements of about 17 million more. This would leave a net gain of 1276,085. Council Member McAdass stated that it was welt to remember, as the Council discussed the economirs of a situation, that one of the things which was known from history was that a strictly residential community had to have excessive taxes in order to pay for itself. There was not a ronsunity anywhere which would be searching for heavy industry if the industrial base was not needed to help provide taxes to support the residential areas. An ideal community would have beautiful houses, a tow commercial areas and parks, The real 4 14' city of Denton city council Ninutee Keating of February e, 1966 Page Ten issue was not one of whether or not this development would genecate extra tevenue for the City but rather that an additional industrial base was needed to take care of the City's needs now and even more would be needed to take Care of Lakeview. Even mote importantly, it was difficult for her to tsconcile 16 units per acre as being the same quality of life whlah was now heing enjoyed with less than 5 units per acre. Council Member Stephens asked toe a definition of "cluster -detached" veceus "alustec-attached." Cecile Carson, Urban Planner, reported that the cluster question was a definition problem. The Lakeview proposal ranged from cluster housing being detached which could be zero lot line type housing or houses built on one property line with a 10 feet or sidsyard setback before there was another house. Cluster housing could also include fourplexes or duplexes, attached type dwellings. It could also be as much as sixplexes, which were proposed in some areas in the City. Staff would point out that there were difteront deetynations which had been ylven to the cluster housing in these areas which had nothiny to do with the number of units. The designation for attached or detached did not relate to the total number of units wh1iih were shown. tt was possible that in some of the areas the total number of units which were proposed would not be developable because they were detached units, such as zero lot line or small lot size. In other areas there might be requests for additional density to balance this out. Council Member Stephens then stated that cluster attached could then be a row house with common walls, Caraon responded that the Council had previously approved an ordinance for a development on Teasley r,ane and Hobson which included cluster type housing which was fuurplexes to sixplexes, which would be six units in a row. Council Member Stephens asked it the Planning and community Development Department should dictate that as astetick should be placed by the cluster designation on planned developments spellinq out speaitics. Carson responded that the staff understood the problem and this was the reason for the comprehensive site plan on all planned developments so Council could see actual layouts and lot plans. Council Member Stephens stated that he felt that site planning and zoning should go together on developments, Mayor Stewart asked regarding the high times, it the density were all on 1 or 2 floors, would this not be quite dense. For example. theca was a 25 story high rise on the campus of Texas Woman's University with many apartments and a resulting high density. However, theca was quito a lot of open space surrounding the building. R* understood that the high rises proposed for the Lakeview development would be 6 floors and they were also proposing to have areas around the structures which would be landscaped with recreational areas. Was this correct? Carson replied that there was nothing on the site plan, information had been pceeented in a conceptual nature which included these amenity packages, Mayor Stewart then asked if the state was aware that this would be high rises and not 1 or 2 floor buildings. Carson responded that staff was aware of the difference between the So units pec acre along the lake and the cluster housing which averaged to be approximately 12 units for acre, There was a distinction and staff was aware of the 109 acres which would be 47 City of Denton City Council minutes Meeting of February 4, 1966 Page Eleven something new and different toe Denton with the high ties. However, staff also realized that there was a definite change in the overall density of the City it only the cluster and multi-family was eonsidoced without the 109 acres of high cis*. Mayor Stewart stated that his point was that there ware already other areas in the City, such as TWU. NTSU and Good Samacitar Village, which had these types of high cis* buildings. Another was under construction at Westgate Hospital. Carson responded that information had been provided to the Council on the two high else building at North Texas. There was some difficulty in comparing these to Lakeview because in soma ways, they were very different. One would be residential uses for private citizens while the other would be for either students or institutional type uses. There were, however, some comparable uses in the City as toe as the high rise was concerned. Mayor Pro Tom Hopkins stated that in other planned development units, for example the Loop 288 corridor, Council would be looking at approximately the same number of units per aoce at ultimate build out as Lakeview. Carson responded that the planned developments along the Loop which had been approved ranged from a maximum density of 25 units per acre. Poe the remaining property, planned development which had not had comprehensive site plans approved, the City had used an overall average of 19,78 unite poc acre for multi-family in order to figure out the total number of unite along the property. There were some developments in the city which averaged as many as 40 units per acre, there were smaller complexes which ranged from a to i0 units per acre tot multi-family. There was quite a lot of diversity in Denton as tar as multi-family unite were concerned. Mayor Pro Tom Hopkins stated that the point was that at ultimate build out, Loop 288 would have basically the same density as Lakeview. Carson tepli-id that there was a possibility that the total number of units would be the same. Council Member McAdams stated the problem was that this entice 700 acres would be an dense as Loop 289 and the univecelties. It was one thing to have a pattloulac area this dense. She did not have un objection to a 7 story high else but when the total area then came to be as dense as this, it was considerably different from the current lifestyle in Denton. Mayor Pro Tom Hopkins stated that if the Counail looked at the density as It existed In the past when the Denton Development Guide was developed, the density in Denton was not 4.7 units par acre but rather 6.2. The density was projected at that time to get into the upper reaches of 6.5 to 6.7 units per acre as the City began to grow. This particular development would still leave the total drnsity toe the City at approximately 6.0 units per acre. There ware several things which should be studied. This was a very difficult decision to make. All of the Council Members had experienced concerns regarding the density and realized that the economics of the project was not something which they could look at. Many years ago when the lake was at its normal level, this area was very viable place. He had seen this area go downhill and was now basically a swamp and a slum and was not improving, However, it could be the greatest asset that Denton had. The Council needed to take a good look at developing an asset such as this lake. tt had been stated that the high rise proposal was lunacy, however, he would venture to say that it would be the first area to till up. To him. this was an opportunity to redevelop the lake. Whether Lakeview, developed or not, the City needed a road to connect Highway 390 and tnterstate 35. This had been discussed during strategic i i i City of DentOn City Council Minutes Meeting of February 4, 1966 Page Twelve planning session. The alternative to a large development such at Lakeview would be developing a hodge podge over many years ct 40 to 50 acres at a time and trying to get 120 test of eight, at-way, trlfteen years from now, the city would still be trying to get 120 feet of eight-of-way. At the time the conneoeinq toad would need to be built, the citizens of Denton would be faced with the responsibility of having to btty the remainding right-of-way and constructing the street. Multi-developments would increase the City's problems, as he saw it. The street would cost $9.75 million at today's costs and there was no telling what the cost would be in 15 years. One of the greatest things about development along the lake was the opportunity to improve the Pecan Creek area. Brinkman had mentioned building bicycle trails, a golf course, and other facilities as the City extended out in this dtcention. The City would need the school sites which Lakeview had otfered and probably soma more. He also felt that the industrial base would be needed to support the development and felt there would be enough people, cusiness and Industry and jobs created to more than offer the City those things of which they Could be proud. He did not view this development as a nightmare but rather as an opportunity. He wished that the Council could take as comprehensive a look at all develop- ments as they had Lakeview. He had looked at this proposal from the viewpoint of staff, the developer, the new residents of the development and the people now living in Denton. Not everyone would afford to live on a 16,000 square feet lot at 135,000 to $40.000 par lot as they were now. High rise, high density structures were talked about extensively In the Denton Development Guide. The Guide stated that these buildings would be needed around all of the major nodes. There were 3 major nodes when the Development Guide was initially done, the document was already outdated and was In process of being revised. He could already see 3 more major nodes which would be necessary In Denton in the next 10 years. Council had access to information which gave them the opportunity to envision where the intensity and development was going to occur. Around these major nodes, the intention was to develop parity or to deintensify as you moved away from these nodes. Lakeview was not right in town and would not affect any development in the City of Denton. As he saw it, this proposal met the Denton Development Guide. Council Member McAdams stated that it was hard to say that the proposal not the guidelines when it was over on every criteria. Regarding to the existing density when the Guide was developed, the people on the committee were concerned about the excess density and the Guide recommendation was to keep the density lower, not to make it go higher. The overall density of this proposal would be 16 units per acre, did not follow the Denton Development Guide, and which was much greater than any other development which had been done before. Council Member Chew stated that the Council had listened, evaluated, and study session and work sessions on this issue. Denton wAs going to grow and the council needed to took at the pluses and minus of this particular development. When it was first brought before the city Council, he was bitterly opposed to it. Over the past few weeks, Council had studied the issues, staff had brought in recommendations and many discussions had been held. The Council could debate this proposal all night. Chew motion, Hopkins second to approve 2-1779 with the staff recommendations. Council Member Stephens stated that one plan foe a piece of property of this size was a good idea. No one had suggested other, than 120 feet of right-of-way. Also discussed had boon a 4 or a 6 lane street, contingent upon the number of residents during the build out period. The conclusion was that this vote would determine the future of Denton from a density point of view. He personally felt this was too concentrated and could be adjusted. He liked the idea sy~' City at Denton city council Minutes 47 Meeting of Tebcuary 4, 1986 Page Thirteen of Lakeview from the standpoint of one group to work on develop meet. Too eoneentested or not seemed to bo the issue - not growth, He felt this was too concentrated. Council Asubec McAdams added that the staff recommendation was In opposition tn the peoposal, not in favor, Council Member Riddleapergat stated that he had looked at the material and had traveled out to the lake and driven up and down every street out there. Theca were some ooncentrationa in place now worse than this. The Council had etCaQgled and had had to come to soma type of Conclusion. Council Member Alford stated that each of the Membecs had gone through a period of back and forth in their minds on this issue. Interesting input had been received team citizens. Thanks should also be given to the Denton Record Chronicle for information which they had provided. This issue had been contusing but the pluses and minus had to be weighed. Mayoc Pro Ten Hopkins thanked the davelopet for his congeniality and patience while this proposal had bean delayed. Council Mambec McAdams ctated that this was not an either/or issue. The Council could approve the pcoposal toe Lakeview but with reduced done I ty . Mayor Stewart stated that this would be a fitet time In the history of Denton that a planned development of this size had been propose: which addressed the issues of streets, packs, school sites and a diversity of housing tk,ae and densities. As a planned development, it could be carefully monitored, The street which was proposed would cost approximately $10. Fifteen or twenty years from now, it could cost as such as ;40 to $So million to build, The developer was offering three sites. The last two school sites which the Denton Independent School District obtained, they had paid for at a cost of $ 00,000 to ;400,000. The developer was offering three school sites for tree. There were pack areas offered which could provide a path from the center of Denton up to the and of Lake Lewisville. It a multitude of groups developed this area, the City would not get the 120 feet of right-of-way which would be required in the future. He had driven this area and it war, a sees. it could only get better for it could not get worse. The area was being used as a dumpgcound. It developed as a planned development, it would be much better for Denton. The entire Council had worked on this Issue and studled It very carefully. Council Member Chew stated that economics and the marketplace would have a lot to do with this development, Motion to approve 2.1779 carried 5 to 7 with Council Members McAdams and Stephens casting the "nay" votes. Oedinances A. The Council considered adoption of an ocJinancd accepting competitive bids and peoviding for the award of contracts tot public works or improvements. The following ocdiuortca was presented: NO. 66-26 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKti OR IMPROVEMENTS: PROVIDING FOR THE EXPENDITURE OP FUNDS THEREFOR:, AND PROVIDING FOR AN EFFECTIVE DATE. Chew motion, Stephens second to adopt the ordinance. On Coll call vote, McAdams "aye," Hopkins "aye," Stephens "aye," Alford "aye," Riddlssperger "aye," Chew "aye," and Mayor Stewart -lays." Motion carried unanimously. ORDINANCE N0. 86- ORDINANCE CALLING A BOND ELECTION THE STATE OF TEXAS s COUNTY OF DENTON s CITY OF DENTON s WHEREAS, it is deemed necessary and advisable to call the election hereinafter ordered; and WHEREAS, it is hereby officially found and determineds that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which thit Ordi- nance is passed, such emergency or urgent public necessity being that the proceeds from the sale of the proposed bonds are required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1. That an election shall be held on DECEMBER 13, 1986, in said City at the following designat:Pd polling places THE DENTON CIVIC CENTER BUILDING. Said City shall constitute a single election precinct for said election, and the following election officers are hereby appointed to hold said elections Presiding Judge: Alternate Presiding Judges 2. That the Presiding Judge shall appoint not loss than two qualified election clerks to serve and assist in conducting said election; provided that if the Presiding Judge actually serves as expected, the Alternate Presiding,Judge shall be one of such clerks. 3. That by approving and signing this Ordinance the Mayor of Haid City officially confirms his appointment of the afore- said election officers to serve at said election; and by passing this Ordinance the governing body of said City approves and concurs in the appointment of the aforesaid eiuciion officers. 1 . 4. That all resident, qualified electors of the City shall be entitled to vote at said election. 5. That the election shall be held in accordance with the Texas Election Code, and the polls shall be opened for voting on the election date at 7 a.m, and shall be closed at 7 p.m. Absentee voting prior to the election date shall be conducted by personal appearance and by mail at the City Secretary's Office, Municipal Building (City Hall) Denton, Texas, and during the period for absentee voting by personal appearance, being November 24, 1986 through December 9, 1986, the hours designated for absentee voting by personal appearance shall be from 8 a.m, to 5 p.m. on each day except Saturdays, Sundays, and legal state holidays= and the absentee voting clerk shall keep said absentee voting place open during such hours for absentee voting by personal appearance. The absentee voting clerk for said election shall be the City Secretary. 6. That nt.tice of said election shall be given by posting a substantial copy of this Ordinance at the City Hall and at three other public places in said City, not less than 15 days prior to the date set for said election; and a substantial copy of this Ordinance also shall be published on the same day in each of two successive weeks in a newspaper of general circula- tion published in said City, the date of the first publication to be not less than 14 days prior to the date set for said election. 7. That at said election the following PROPOSITIONS shall be submitted in accordance with law: PROPOSITION NO. 1 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $7,736,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: street and traffic control improve- mentsi and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? 2 PROPOSITION NO. 2 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or ~,ssues, in the aggregate principal amount of $3,466,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wits dralmage improvements; and shall said City Council be authorized to levy and cause to be as- sessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO. 3 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $185,000, with the bonds of each such series or issuer respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wit: expansion of the City animal control centers and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION 10. 4 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $700,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of 3 issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wits constructing and permanently equipping fire stations; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION NO, 5 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $5,950,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wits park improvements, including athletic fields and neighborhood and senior citizens community centers; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? PROPOSITION N0. 5 Shall the City Council of the City of Denton be authorized to issue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $1,000,n00, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wits improvements to public libraries; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? 4 PROPOSITION NO. 7 Shall the City Council of the City of Denton be authorised to +.ssue the bonds of said City, in one or more series or issues, in the aggregate principal amount of $2,600,000, with the bonds of each such series or issue, respectively, to mature serially within not to exceed thirty years from their date, and to be sold at such prices and bear interest at such rates, not to exceed the maximum rates permitted by law at the respective times of issuance, as shall be determined within the discretion of the City Council, for the purpose of the acquisition of property and making improvements for public purposes in said City, to-wits constructing a City law enforcement and court building; and shall said City Council be authorised to levy and cause to be assessed and collected annual ad valorem taxes in an amount sufficient to pay the annual interest on said bonds and provide a sinking fund to pay said bonds at maturity? 8. That the official ballots for said election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS, with the ballots to contain such provisions, markings, and language as required by law, and with each such PROPOSITION to be expressed substantially as follows: PROPOSITION NO. 1 FOR ) THE ISSUANCE OF $7,736,000 OF STREET AND TRAFFIC CONTROL IMPROVEMENT BONDS AGAINST ) PROPOSITION N0. 2 FOR ) THE ISSUANCE OF $3,4661000 OF DRAINAGE IMPROVEMENT BONDS AGAINST ) PROPOSITION NO. 3 FOR ) THE ISSUANCE OF $185,000 OF ANIMAL CONTROL CENTER BONDS AGAINST 1 5 PROPOSITION NO. 4 FOR ) THE ISSUANCE OF $700,000 OF FIRE STATION BONDS AGAINST ) PROPOSITION NO, 5 FOR ) } THE ISSUANCE OF $5,9500000 OF PARK IM- PROVEMENT (ATHLETIC FIELD AND NEIGHBOR- HOOD AND SENIOR CITIORNS COMMUNITY CENTER) BONDS AGAINST ) PROPOSITION NO. 5 FOR ) FOR THE ISSUANCE OF $1,0001000 OF LIBRARY BONDS AGAINST ) PROPOSITION NO, 7 FOR ) FOR THE ISSUANCE OF $20600,000 OF LAW EN- FORCEMENT AND COURT BUILDING BONDS AGAINST ) 9. That it is hereby found and determined that the probable period of usefulness of the proposed improvements covered by the aforesaid PROPOSITIONS is 25 years. 10. That Article 90 Sec. 9.02 of the City Charter con- tains the following provision and regnires this election ordinance to distinctly specify: "(d) A determination of the net debt of the City after issuance of the bonds thereby authorized, together with a declaration that the bonds thereby authorized will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas". The determination is hereby made that the net debt of the City after the issuance of the bonds herein proposed to be submitted will be not more than $ , and it is hereby declared that said general obligat on bons will be within all debt and other limitations prescribed by the Constitution and laws of the State of Texas. 6 Wff of DAWWN DNyIIMy TMXA0 70"1 MTiMORANDUM DATE: August Z9, 1986 TO: CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION PROM: Paul Iwuchukwu, Traffic Engineer Associate SUBJECT: "No U-Turn" at Audra/McKinney McKinney at Audra/Woodro%i is a very busy intersection, Motorists at the Audra approach make U-Turns to fill up at the P.J. gas station and convenience store. This creates a t►azardous situation especially when long bed trucks and vans run out of turning roow and need to back up and re-negotiate. Even though this intersection has been signalized, chances for rear-end and right-angle collisions still exist with these U-Turns. Suppose the Woodrow-Audra phase is timed out and some vehicles waiting for a U-Turning vehicle to complete ;ts maneuver are trapped on McKinney, a chaotic situation could result. The staff is recommending that a "No U-Turn" sign he posted there to eliminate the hazard. Paul lwuchukwu Traffic Engineer Associate is 0418E Lit I 40 d~o8 Law- o0 cam 9j; 6 l 9 PL J MINUTES Citizens 'traffic Safety Support Commission September 8, 1986 PRESENT: Virginia Gailian, Wayne Autrey, Vivian Edwards, John ,rompkins, Mike Am'adore and Gilbert Berstein, Chairman ABSENT: Bruce Chamberlain, Doris Chipman and Gene Gohlke The meeting was called to order by Gilbert Berstein at S:30 p.m. on Monday, September 8, 1986. Vivian Edwards made a motion to approve the minutes of August 4, 1986. Wayne Autrey seconded the motion. Motion passed unanimously. Jerry Clark, City Engineer said Mike Amadore had been sworn in at the Awars and Commission banquet. ITEM N3 "NO U-TURN" SIGN AT MCKINNEY AT AUDRA/WOODROW (NORTH APPQOAC - _ Paul Iwuchukwu, Traffic Engineer presented the recommendation to the commissioners. He said the problem was vehicles coming from the Audra approach to the intersection make u-turn movements to enter the PJ gas station and convenience store creating adverse traffic conditions at that location. These conditions cause a delay of traffic on all approaches to that intersection. This could result in a rear end collision or a right angle collision at the two points. John Tompkins said he thought the commission had approved a median cut at this location a couple months ago. Jerry Clark said the owners of PJ's convenience store had been given permission by Planning and Zoning to cut the median but PJ's found it was too expensive. STAFF RECOMMENDED: Approval CUMMiSS1ONERS: Wayne Autrey made a motion to approve the recommendation as stated by the staff. John Tompkins seconded the motion. Motion passed unanimously. IS98L NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING U TURNS ON AUDRA LANE AT ITS INTERSECTION WITH MCKINNEY .STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $200.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE$ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs are erected giving notice thereof, no person shall awake a U Turn at any time on Audra Lane at its intersection with McKinney Street. SECTION 11, Any person adjudged guilty of violating the provisions of this ordinance shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION III. That this ordinance shall become effective fourtsen (14) days from the date of its passage, and the City SecretLry is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1986. RA S E E S, M CITY OF DENTON, TEXAS ATTEST: CHA LO E ALLENO CITY SECRETART CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: , 4-mvii Z. f' DATE: October 22, 1986 CITY COUNCIL REPORT FORMAT r TOt Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT,: County Health Department Contract RECOMMENDATION: Recommend Council approve the revised contract and ordinance for health services for Fiscal Year 1986-87 with County Health Department, SUMMARY: Several cities did contract with the County for 1986-87. Additional funding has been requested by the County Health Department in order to maintain its level-of services to the remaining cities. BACKGROUND: The County has requested a $15,000 increase for environmental and clinical services for the Fiscal Year 1986-87. The new assessment is considerably less than previous assessments as well as last year's payment of $100,000. In addition, bhie,ks our final assesament,fpX 14,$6-87.- Staff therefore recommends contracting 'the new assessment of $66,742. PROGRAMS, DEPARTMENTS OR GROUPS AP'FECTEN General Fund FISCAL IMPACT: $66,742 Respectfully submitted: Lloyd Harrell City Manager Prepared by: Paulet ens-Holmes Program Administrator Approved: Betty Mc an Assistant City Manager was fL 'fC My Of DNTON, TOMS MUNICIPAL BUILDING? l 216 E. MCKINNEY ST. l DENTON, TEXAS 78201 M E M rjR A N I) U M DATEi October 27, 1986 TOi Lloyd V. Harrell, City Manager FROMi Paulette R. Owens-Holmes, Program Administrator SUAJECTt COUNTY HEALTH DEPARTMENT REASSESSMENT As indicated in September, our $51,742 assessment: for environmental and clinical services for the County Health Department was based on several assumptionsi All cities in Denton County would contract for health serviced 2. Fee revenues would meet the County's projection, and 3, Denton County would not have a roll back,. Several cities have declined to contract with the County Health Department. The non-participating citietj and the proposed assessments for these, are listed below. City Proposed Assessmont Corinth $ 2,296 Highland Villago 4, 111 Oak Point 699 Pilot Point 2,091 Colony 14,063 Coral City 92 Eastvale 447 Hickory Creek 1,hP1 Kruegerville 575 Marshall Creek 416 North takes 139 Trophy Club 2,255 Double Oaks 1,599 Total Loss In Revenues $ 30,494 817/560-&00 DIFW METRO 434-2f20 J,, Harrell, page 2 The total loss in revEnues from the non-participating cities is $30,494. In a new proposal, the County has elected to pay $15,494 and reaNness the City of Denton for the remaining $15,000. Other participating cities were not reassessed. According to County officials, the City of Denton is the largest user of the services of the County Health Department. In addition, there was a concern that some of the participating cities would decline to contract with the County at. a higher assessment. In any event, the City of Denton would be res)onsible for payment of $66,742 for environmental and clinical services for the current fiscal year. It is anticipated that the recent assessment will be final. Keep in mind, however, that a roll back is o good possibility at this point and could affect this assumption. County officials are unable to anticipate what kind of impact a roll back will have on the level of services or our final assessment for these services. It is the recommendation of the County Health Department Task Force to continue to contract with the County for $66,742. In the meantime we will continue our in-house study of feasibility for a City health operation as well as keep you informed of any anticipated changes. - 'e6~ Paulette R. Owens-Holmes Program Administrator attachment N0. AN ORDINANCE AUTH6RIZING -ENTRY INTO AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR HEALTH SERVICES, REPEALING ORDINANCE NO, 86,189, TO PROVIDE FOR A REVISED RATE FOR SUCH SERVICES, AND PROVIDING FOR AN EFFECTIVE DATE$ NOW9 THEREFORE, THE COUNCIL OF THE CI4Y OF DENTON HEREBY ORDAINS: SECTION 1, That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively,- a revised interlocal cooperation agreement between the City of Denton and Denton County for health services, under the terms and conditions being contained in said agreement which is attached hereto and made a part hereof, SECTION II. That the provisions of Ordinance No, 86-189 are hereby, in all things, repealed. SECTION III. That this ordinance shall beccme effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1986. RAY r~N NATW CITY OF DENTON, TEXAS ATTEST: SECRETARY CITY OF DENTON, TEXAS APPROVED AS T0-LEGAL FORM: DEBRA ADAMI DRAYOVITC_i, CITY ATTORNEY CITY OF DENTON, TEXAS BY: THE STATE OF TEXAS S INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON S DENTON COUNTY FOR HEALTH SERVICES WHEREAS, the Denton County Commissioners Court, pursuant to Article 4436b, "Local Public Health Reorganization Act," V.T.C.S., has organized the Denton County Health Department, hereinafter called "Department"; and WHEREAS, the Denton County-Commissioners Court has designated Dr. W. H. Cripe, a lickinsed physician, as director of the Depart- ment and Health Authority for the County; and WHEREAS, Denton County and the City of Denton, Texas, mutually desire to cooperate in providing public health services to the . citizens of the City of Denton, Texas and Denton County, Texas; and WHEREAS, Interlocal Cooperation Agreements between counties and incorporated municipalities to provide public health services are authorized by Article 4413(32c) and Article 4436b, V.T.C.S.; NOW, THEREFORE, Denton County, Texas ("County") and the City of Denton, Texas, a Municipality located within Denton County, Texas ("Municipality"), hereby enter into this Interlocal Coope- ration Agreement for Health Services and mutually agree upon the following terms and conditions: I. The effective date of this agreement is October 1, 1986, and this agreement shall automatically terminate on September.30, 1987 unless extended or renewed by written agreement of the parties. II. For the purposes and consideration stated herein, Denton County, through the Department, shall provide the following public health services for the citizens of the Municipality to the m-ximum extent authorized by this agreement, without regard to race, religion, color, age, or national origin; to-wit: (1) Environmental Health Services including restaurant and grocery store inspections, septic system inspections, food handler health card inspections, swimming pool inspections, water well inspec- tions, day care facility inspections, school inspections, foster home inspections, rabies inspections, citizen complaint review, and all necessary administrative services; (1) Clinical Health Services including immunizations and injections including HIB, Gamma Globulin, Yellow Fever, Cholera, Typhoid, well-child clinic, prenatal clinic, venereal disease clinic, TB, diabetes, lice, blood pressure, and allergy screening, and all necessary administrative services. The Municipality hereby designates Dr. W, H."Cripe,* or his successor as Director of the Department, as Health Authority with- in its jurisdiction and authorizes Dr, Cripe and the Department to administer and enforce all state statutes and local ordinances pertaining to public health within its jurisdiction and the Health Department specifically agrees to enforce the provisions of the Smoking Ordinance No, 86-69 and such other ordinances adapted by the City Council of Municipality. The Authority and the Department shall not exceed its authorized budget to enforce local ordinances. IV. The Municipality agrees to pay the County for the full perfor- mance of this agreement the total sum of Sixty-six Thousand Seven Hundred Forty-two and No/100 Dollars ($66,742.00) payable as follows: $16,685.50 on or before October 1, 1986; $16,685.50 on or before January 1, 1987; $16,685.50 on or before April 1, 198'1; and $16,685.50 on or before July 1, 1987. V. The County agrees to utilize all sums received from the Municipality and all sums received as fees for services 'solely to provide the above-described public health services through the Department, The County agrees to assess fees for services according to a uniform schedule throughout the Count;-, and shall not deny services because of inability to pay. VI. The undersigned officers hereby certify that they have beon properly authorized to execute this agreement on behalf of the parties hereto and that all necessary resolutions or orders have been duly adopted, PAGE TWO k EXECUTED in multiple originals on the day of , 1986. DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS BY: BY: HOORABLE BUDDY COLE HONORABLE COUNTY JUnGE MAYOR ATTEST: ATTEST: BY: MAR JO H LL, COUNTY LERK CHAR OT E 7111-N, C T SE RETAR APPROVED: DR. W. H. CR E I PAGE THREE PROPOSAL DENTON COUNTY NZALTH DEPARTMENT WED ON $.82 PEN CAPITA* CITY POPULATION ASSESSMENT Argyle 1,400 S 10148 Aubrey 1,300 1,066 UartonviAle SOS 660 Copper Canyon 888 728 Corinth 2400 21296 Corral City 112 92 Cross Roads 380 312 Denton 63,100 51,742 Double Oak 1,.)50 1,599 Eastvale 545 447 Flower Mound 110800 9,676 Hebron 111 91 Hickory Creek 21050 11681 Highland Village 50050 4,141 Justin 10100 902 Krugerville 701 575 Krum 1,250 1,025 Lake Dallas 3,600 2,952 Lakewood Village 197 162 Lewisville 37,200 300504 Lincoln Park 38 31 Little Elm 21150 943 Marshall Creek 507 416 Northlake 169 139 Oak Point 853 699 Pilot Point 2,550 2,091 Ponder 325 267 Roanoke 1,300 1,066 Sanger 3,850 3,157 Shady Shores 11050 861 The Colony 17,150 140063 Trophy Club 21750 2,255 • $627,234 FY86/87 Budget 370,691 Projected Pee Revenue (See Attached Pee Schedule) - 78 S35 Revenue From State Contract -2177,35566 County Population Bxaluding Carrollton ~Va Per Capita DATE: 11/04/16 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJhCT: RESOLUTION CHANGING THE INTENSITY POLICIES IN EASTERN DENTON BETWEEN U.S. HIGHWAY 380 AND 1-35 RECOMMENDATION: The Planning and Zoning Commission recommends establishing three moderate nodes at U.S. Highway 380, McKinney Street, and 1-35. SUMMARY: In early 1986, the City Council considered a zoning request on 690.8 acres. Two additional requests abutting the 690.8 acres were submitted to the City but were withdrawn by the petitioner prior Fo a Planting and Zoning Commission public hearing, A joint study session was considered with the Planning and Zoning Commission and City Council on September 9, 1986, The Land Use Committee's preliminary recommendation indicates no more than three (3) moderate nodes in this Brea. BACKGROUND: On June 25, 1986, representatives of Miller of Texas, Inc. provided staff with a revised land plan that included all three zoning requests on property from U.S. Highway 380 to Paige/Pockrus Road. The staff reviewed the proposal and provided the Miller of Texas representatives with the staff comments on the proposal. One comment stated that the Com- mission and Council must establish policies for this area ::afore staff could make a recommendation on the land use question. PROGRAMS, DEPARTMENTS_OR_UROUPS AFFECTbO: All departments involved in the development process, individuals residing jr, this area, and the citizens of Denton. FISCAL IMPACT: The fiscal impact is difficult to assess due to phasing of any possible development and the economic situation at the time of development. The City of Denton would experience both costs and benefits; however, increased growth in the U.S. Highway 380 and 1-3S November 4, 1986 Pagel eastern quadrant could impao- the development in other areas of the City which could affect the need for additional City services and capital improvement funding in those areas. ltespe ully sub i ted A,O LToy arre - City Manager Prepared by: Jckltl- ec eCarson Urban Planner App V Je f f M- Director of Planning and development 1412] 1613L R E S O L U T I O N WHEREAS, the Denton Development Guide 1985, as amended, was adopted as the ofc c a nn use an eve opment guide for the City to be used in conjunction with planning, development and land use decisions; and WHEREAS, the Guide divides the City into high, moderate and low intensity plan- ni`ng areas to insure the goal of balanced growth; and WHEREAS, additional lands have been annexed for which zoning has been requested in areas for which the Guide has not provided an intensity planning index; and WHEREAS, the City Council, upon the recommendation, of the Planning and Zoning Commission, wishes to amend the Guide to provide for an intensity index for the newly annexed area; OW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Denton Development Guido 1985, as amended, be fur- ther amended to provide or the esta s ment of three moderate intensity areas located as follows: 1. At the intersection of U. S. Highway 380 and the north- south major arterial street proposed for the Lakeview planned development rezoning request, currently designated as Z-1779, Z-1800 and Z-1801. 2. At the intersection of East McKinney street and the north-south major arterial street proposed for the Lakeview planned development rezoning request, currently designated as Z-1779, Z-1800 and Z-1801. 3. At the intersection of the Shady Shores interchange of Interstate Highway 3SW and the north-south major arterial street propc4ed for the Lakeview planned development rezoning request, currentli designated as Z-17790 Z-1800 and Z-1801. SECTION Ii. That a copy of this Resolution be attached to the Denton Develo Qent Guide, 198S, as amended, showing the amen men s herein made, SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1986. RAY STEPHINSj MAYOR CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: _ PAGE 2 •~iii~ iii• I ' iii:: • •r•..r n ~ A •rr uur~• ~~11 BLAC iii ` - d rrr L Air 26 10000 R M a y h i I I: Community ^ r 'rt 36 H :SHORE! :'PP 543 • w;. • t CORINTH POP 440 Old slob _ P 1 Z Minutes September 10, 1986 Yale 10 permit and were approved. He said that the property to the south would need to extend the line or it could be a project for the CIP. Mr. Rllison ;,eked if it was technically possiblo for a largo development to extend the service. Mr. Sundaramoorthy stated that it was possible for a large development. Mr. Claiborne asked If this property owner would be re- quired to pay pro rata on line extendingg across the prop- erty. Mr. Sundaramoorthy stated that if the line is a pro rata line then the propertyy owner would have to pay. lie added that they put a conditlon on septic tank permits that if a line is within 200 feet the property owner must tie on. Mr. Lllison stated that It would take a major developer and city to access property to the south participation and take care of utility problems, Mr. Edwards stated that the problem with this tract is the topography and he thought :southern propery could be served. UHCISION: Ms. Cole moved to approve the preliminary and Tinal plats of the Urury Addition, Lot 1, Block A. Seconded by Ms. Brock and unanimously carried (7-0). C. UHYELUPMENT GUIUH POLICIES AND PROCEDURES. STAFF REPORT: Ms. Carson stated that this item was placed o'n the agenda because of discussion during joint study ses- sion with the City Council concerning the Intensity ques- r fon and the first come, first serve policy. She said that staff wanted to provide the Commission with an opportunity to discuss this matter. She said that she felt the City Council was awaitingg a final recommendation because they felt the study session was requested to find out their feelings on the matter. She said if the Commission was interested in making a formal recommendation that the staff could have a resolution prepared by the legal department and present it to the CIty Council. Mr. Holt stated that he fait more, time was needed to work on the wording of the first come, first serve policy. Ms. Carson stated that the staff could submit what they have to the legal department and the Commission could review before being Forwarded to the City Council. UECISION: Mr. Claiborne moved to recommend to the City CUR-TI-the three moderate nodes in the eastern quadrant; table the first come, first serve policy until next meet- ing when staff would present the resolution for review. Seconded by Mr. Holt and unanimously carried (7-0). V. AMENDED PLANNING AND ZONING COMMISSION MBBTING SCHBDULB or remaindeF`of 1996. STAFF REPORT:, Ms. Carson stated that staff reviewed the FTann3Ung and Zoning Commission meeting dates because of the interference it Incurred with the S1 Paso APA meeting and the holidays in November and December. She added that there will be no meetings back to back and that staff recommended October 15 and %0, November 12, and December 3 and 17 as the meeting dates. (Option 02) DATEt 11/04/86 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Harrell, City Manager SUBJECT: RESOLUTION CHANGING THE INTENSITY POLICY IN WESTERN DENTON (AIRPORT HIGH INTENSITY AREA) RECOMMENDATION: The Planning and Zoning Commission recommends expanding the intensity area west to the DLy Fork of Hickory Creek. SUMMARY: The western limit of the boundaries used to create the Development Guide followed the runways of the Denton Municipal Airport. The boundary followed no logical land use features. BACKGROUND: The property surrounding the airport has been designated as a high intensity areal however, without approval of this resolution, the west side of the airport will be considered a low intensity area. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: All departments involved with the development process, property owners and developers. Fyr" ,L IMPACT; No impact can be determined at this time. Respect ly submit e L oyd arrell" Prepared by: City manager Cecile Carson Urban Planner App ve Jeff Me V* 11 Director of Planning and Development 0408e 1613L R E S 0 L U T 1 0 N WHEREAS, the Denton Development Guide, 1985, as amended, was adopted as the official land use and development guide for the City to be used in conjunction with planning, development and land use decisions; and WHEREAS, the Guide divides the City into high, moderate and low intensity planning areas to insure the goal of balanced growth; and WHEREAS, the City Council, upon the recommendation of the Planning and Zoning Commission, wishes to expand the original boundaries of the Guide in reference to the land in and adjacent to the Demon Municipal Airport to provide for an expanded high intensity planning area; NOW, THEREFORE, i BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the Denton Development Guide, 1985, as amended, be further amended by expanding the western boundary of the high intensity planning area iii and adjacent to the Denton Municipal Airport, currently shown as extending to th.;; middle of the main runway, to the west to the Dry Fork Branch of Hickory Creek, SECTION 11. That a copy of this Resoiution be attached to the Denton Development Guide, 1986, as amended, showing the amendment herein made. SECTION III. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1986. R E , R CITY OF DENTON, TEXAS ATTEST: CITY OF DENTON,OTEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 2 _~rw~ljllU ' ~~r ° uw ~j~~'».. 1 . •»Iw....wll r '~.r~r 1 „r' y / R nr w1 1 I ~ r 1/rt i ;i~ r I •rra:..rrr'.~.a~ .~r ~ L.. . { 1 ~r-wii..~Fr♦asi wv rrw mow. :t 0 f ~ 1 ~R w. ~ rats ir'w1 a.w ~111:r~• r« ' , I www~r rtii 4i s,1 /Ir r.4r#• /mar Iw t.s rslCr w: R',`1 ~~.L i r ~ ~ '4w..r ~ ♦ r.r.i k 111 I, I t \ ICJ f •r•frl,.%..' iI ~ y, I I I i~ S~ !/r 1\- 1-.~. It.~4.1rr l~ "rF+a1 Lr A.[.♦w'r.r~ ` ~Y'. .+I*~.~R~~ ♦ 1 I ,i 1 I ' S4 ,rw«wrl rri #4tC ~I 1 I err rrwr '~ii', I trrw., ~r~r~ ya~.~'Q, 'J>r NHI ~ 4r\/ ~ f ~ f r r 1 t I . N• • ~ , l • i ,..1_1 srL rrw 1 ft .0 I ~srrr ras.r ...rrrar 4r ~'tirsr rr , ~ 1• , • c r r w r ~N ~ w RA R w n. w..•+~r 1 Y r r a 1 r r. M R i.` +Fr.Jr. r p, w' • 1 1 , Kn.♦r.._r.♦r y~ 1 1 ' ~ / IN 1 I~ ~ ' r.r ♦w,rrrw'.. .rwr,i r.S `♦*•O Ut r• r 1 r .,,,j t• 1 (,"fix{ Y~ , f 1 frrrr 1 :irsr yr r.r,/S•Staw.»t`: s r•♦ / / r' 1 i jw.rrl•.~~rlrr r/ I a P M ~ 1 r ~ ,y , I 1 ♦r♦ r 1 . r ' , T y rr r.rsfl~r r 1. + 1 ~ 1 r wrr~a I ~ , i( . ~ r.r1 f wL Mw..r~~'.~l~r swrw.4 rY ~.M• .4 a .1 A i ~ r TT lr / •r ~ i ~ ]ti'r i r rri w~.r ' :4. r.I ; Y,+.r} ■ 1~IbIV'i" y o ,1 ' ~~rrar~rrlsrlwr.r•M. \ 1 ~ ~~.u... ~ ty f ~IMIX fi. ! I' Mr4 711A,J! a e. W ,ft f O . ; , r t•o I 4%m 0 Sep Koo ' t.. ,~t,il `.f✓ j`f " r 1 I i.,. ra♦; wt 'wrr*r<I • I T P 1 Z Minutes May 17, 1986 Page 8 said that water and sewer rates will be affected by the new plants. He said that the overall consenf,us is to leave rates as is and adjust when necessary, Mr. Claiborne asked about the Lewisville and Ray Roberts projects, Mr, Laney stated that they are pursuing these projects to keep their license alive. He added that there is not enough money to do them right now. • Mr. Escue asked about the current rates, Mr. Laney stated that they were holding their own in regards to the competition. He said that the competition rates will be adjusted within the same range as the City of Denton, DECISION: Mr. Escue moved to recommend approval of Uenton Municipal Utilities Capital Improvement Plan for fiscal years 1987-1991. Seconded by Mr. Pearson and unanimously carried (6-0). Mr. Pearson left the meeting, B. IE PXYX ANSIUN OF MUNICIPAL AIRPORT HIGH INTENSITY AREA. SI'AFF REPORT: Ms. Spivey stated that the current nigh intensity line, western boundary, runs down the middle of the runway. She said that staff has several cases in the office and have a question in how to handl9 them in regards to policy. She said that staff has conferred with the Planning and Zoning Commission and Airport Advisory board to establish an interim land use policy. She said that a mutual agreement was reached that the line should be moved westward from the current line to the Dry Fork Branch of the Hickory Creek. She said that the light industrial would be westward to this point and residential type uses west of the creek, She said that the Land Use Planning Committee will be establishing a permanent land use policy in the future. Sne said if approved by the Commission, the policy will be forwarded to the City Council in the form of a resolution. Mr. Claiborne asked how far the line moved. Ms. Spivey stated that the moving of the line added approximately ZUO to 250 acres to the nigh intensity airport node, Mr. Holt asked if the staff is making a buffer to the airport, Ms. Spivey said yes. Nr. Escue asked if by moving the line was there additional pproperty provided for the second runway and noise level. Ms. Spivey said yes. DECISION: Mr, Escue moved to recommend approval of the expansion of municipal airport high intensity area. ( Seconded by Mr. Holt and unanimously carried (S-0), C. A-36. Proposed annexation of approximately ob,42 acres sTtuated in the Moreau Forrest Survey, Abstract 417, and begian',ng adjacent and east of Geesling Road, south of U.S, Highway 3BU East, and west of Trinity Road, STAFF REPORT: Mr. Ellison stated that Miller of Texas, lac.h: s'rquested annexation of approximately 60 acres and the balance of the proposed annexation is being requested by the City of Denton, The involuntary portion will fill in gaps between Miller of Texas pproperty end an existing annexation strip along Highway 380 E, He said that Miller of Texas, Inc. has petitioned for toning that will be part of the Lakeview development proposal. He said that several mobile home units In the Capricorn Mo- bile Home Park are included I., the involuntary portion of ' •M:M~ MY of DMXrON OWTOAF8 TV"* Mot MEMORANDUM DATE: September 29, 1986 TO: CITIZENS TRAFFIC SAFETY SUE1POR'T COMMISSION FROM: Paul Iwuchukwu, Traffic Engineer Associate SUBJECT; Minute order 084908 on 135 h from Texas Department of hlighways and Public Transportation: The enclosed minute order from the State requests that the City of Denton agree to cooperate in the conversion of the frontage roads to one way operation from State Sclioul Road in the City of Denton to Turbevi lle Road in Hickory Creek consistent with the planned improvements to 135 B. The actual improvements to 135 E will be the widening to 6 lanes from Turbeville Road in Hickory Creek/Lake Dallas to Corinth Road in Corinth. The State feels the service roads need to be one way a certain distance in advance to support these improvements. All busino,sses and residents in the effected area from State School Road to Shady Shores road will be notified by hand bill delivered to them by City staff. Due to the value of the improvements being proposed by the State, it seems advantageous to the City to cooperate in this minute order. This will also show Denton's cooperative efforts towards upgrading 135 E through our neighbor cities to the south, Since the next upgrade will extend to Denton, we should seriously consider a cooperative spirit. A letter from Corinth is enclosed showing their support of the order. Lake Dallas and Hickory Creek had not made final recommendations yet but W11 notify us when they do, hopefully before the October 6, meeting. Safety is also a concern with two way service roads. Accident reports will be available at the meeting for review, There have been some very serious ones in the past year, especially involving the ramps. Considering all these areas, it seew; that the positive aspects of this minute order are jnough that 0416h the City of Denton should support it. 1622L R E S 0 L U T 1 0 N WHEREAS, on Interstate Highway 35E, from north of Hickory Creek to U. S. Highway 77 south of Denton, in Denton County, Texas, a project is presently included in the 5 Year Development Schedule of the 10 Year Project Development Plan for widening the existing facility; and WHEREAS, increasing industrial development in the immediate area of Farm to Market Road 2181 mandates that special attention be given to Interstate Highway 35E in the Denton, Corinth, Hickory Creek and Lake Dallas area; and WHEREAS, it has been determined that imminent improvements to 'I'nterstate Highway 35E would require the conversion of the frontage roads within the Cities of Denton Corinth, Lake Dallas and Hickory Creek from two-way to one-way operation; and requireR Federalw Highoints of access way Administration along WashingtonrstD.C,, HOffice approval; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1. That the City of Denton agrees to cooperate in the cor,cersion ui the frontage roads along Interstate Highway 35E, from State School Road to the City limits, to one-way operation, SECTION II. That the City of Denton further requests the State Department of Highways and Public Transportation to proceed with project development through right-of-way acquisition and construction on Interstate Highway 35E inside the corporate limits of the City of Denton including any necessary interchanges and ramp improvements. SECTION III, That the City of Denton agrees to adopt an ordinance con- verting the highway frontage roads to one-way effective upon receipt of written notice from the State Department of Highways and Public Transportation at least thirty (30) days prior to the beginning of construction on the highway improvements, SECTION IV. By means of this Resolution, the City of Denton hereby accepts Minute Order No. 84908 of the State Department of Highways and Public Transportation for District No. 18, Denton County, dated August 28, 1986. SECTION V. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1986. KAYOR CITY OF DENTON$ TEXAS ATTEST: CHARLOTTE ALEEN CITY SMETM CITY OF DENTON,tTEXAS APPROVED AS TO LEGAL, FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY' &AL PAGE 2 I SfP . 9 1986 COMMISSION_ STATE DEPARTMENT OF HIGHWAYS rMINEEA DIRECTOR RO9EAT C, 1ANRR, CHAIRMAN AND PUBLIC TRANSPORTATION R E sror2ER jR ROBERT KL 9A93 RAY STOKER, JR, P. 0, Box 3067 Dallasf 'T'exas 75221-3067 September 1986 IN REPLY AVER T Highway Commission Minute 8.1908 Dentcn County Mr, Lloyd V, Harrell City Manager City of Denton 215 East McKinney Denton, Texas 76-201 Dear Mr. Harrell: Attached is a copy of 11o rrhove mentioned Minute Order dated August 28, 1986. This Minute tenders certain provisions to the Cities of Denton, Corinth, Lake Dallas and Hickory Creek and Denton County, and also lists certain provisions the State Department of Highways and Public Transportation will carry out regarding improvements to IH 35E from Corinth Street to Turbeville Road, Upon acceptance of the provisions of this Minute Order by the oppropriate officials of the cities and county listed above, the St;rte Department of Highways and Public Transportation will proceed with actions rnwnerated therein. It is CLI-ther stipulated in this Minute that it is sub iect to acceptance within ninety (90) days of the date of the Minute. Please forward two (2) certified copies of the resolution, passed by the Denton City Council to this office upon acceptance of this Minute, Yours very truly, Robert L. Yielding District Engineer Attachment ~1~ 1`4 ,I f . r ism MDR= OMER WHEREAS, in DENTON CO(INTY on INTERSTATE HIWWAY 35E from north of Hickory Creek to U. S. Hi ay 77 $ou of on a project is presently included in the 5 Year Deve oment Schedule of the 14 Year Project Development Plan for widening the existing facility; and WHEREAS, increasing industrial development in the impediate area of Farm to Market Road 2181 mandates that special attention be given to Interstate Highway 35E in the Denton, Corinth, Hickory Creek and Lake Dallas Area; and WHEREAS, it has been determined that Ininent improvements to Interstate Highway 35E would require the conversion of the frontage roads to one-my operation within the Cities of Denton, Corinth, Lake Dallas and Hickory Creek; and WHEREAS, new points of access along an Interstate Highway require Federal Highway Mainistration Washington, D.C., Office approval; NOW, THEREFORE, the Engineer-Director is directed to tender the following proposal to the Cities of Denton, Corinth, Lake Dallas and Hickory Creek and Denton County; Provided the Cities and/or County will: 1. Agree to cooperate in the conversion of the frontage roads to one-way operation from State School Road in the City of Denton to Turbeviile Road in Hickory Creek and Lake Dallas consistent with the planned improvements to Interstate Highway 35t. 0~1 COON ~fM it ' 1 0 1 ER X't 5 The State Deartnwnt of Nighweys end Pub11c TraneWtstian wilts i. Proceed with pro,}eCt developweut VWOO ► right of 0my t and construction on rnterstste 111 MY 35E fray Corlat~ StP"t~t to Tur Turbeville Road including any necessary ntar and rue 4elrr+rewtent:. Construction and right of MY "ISM ON to be ft Letting Schedule of the 10 Year rrojact pewrlapnent NeNOne~d in IN the e 4 Year 4 Year 2 4A Interstate Rehabilitation funds. This Order shall becoate operative upon&"lance by the cities of Daion, k Corinth. Hickory peek and Lake Dallas and Date* C&O td► and if not accepted within 90 rleys of the date hereof, the action bwein aMtained s#att be Automatically cancelled. 3ubw*W by' ~d neea;a~dd by (Tkk) Administrative Assistant " a.w Okow tlal+wr•uraor Approwd; ~.~rr~~ • r CewsbsiosK AMoMf lq~yr .r`~,. W Co.,rWxx ww r.■w AUG 28 88 Ca~rrWwrr II on A: ~r I + i ~ ~rr•rnr rc~o ~ .rrli 41 i • JM16 y f p.*1~ I 't ,a d L. r,.,. r r r. 3 ~ M I yam... ..r. rr. , •r7r'4~'~.L:/T ~~I~•~.~~1..1~~~•..,•/~ . n••r~~ • ~n.i.l'-r.r~ ♦ rr.~ fir' 411 1 ~ I 1 I L ` I V1~ 'I ..mj i sm"Ury sr URSERa coat !1 MAYOR brown Ci Cantnth r, Y'.. b ROUTE 3, 2003 SOUTH CORINTH 7111/, - DENTON, TEXAS 76206 1817 4574146 4~ ~Sf~ 1s September 23, 1986 1986 MEMO TO: Lloyd Harrell, City Manager, Mayor Ray Stevens a Denton Coouncilmember FROM: Shirley Spellerberg, Mayor of Corinth I understand you are in receipt of :Minute Order 084908 dated August 28, 1986, from the State Department of Highways a ublic Transportation regarding improvements to Interstatr, Highway 35E and requiring acceptance of the Minute Order within 90 days of August 28, 1986. Enclosed is a copy of the Resolution to be adopted by the Town of Corinth on October 6, 1986 which meets the requirements set forth by the State Department of Highways 6 Public Transportation. The Ordinance converting the frontage roads to one-way operation effective upon written notice from the State Department of Highways 6 Public Transportation, at least 30 days prior to beginning of construction of highway improvements, is being drawn and should be ready for Council action on October 20, 1988, According to John V. Blain, Jr., District Designing Engineer for the State Department of Highways a Public Transportation, construction will probably not begin for at least one year. Mr. Blain will be contacting you shortly to answer any questions you may have and if there is anything I can do to help you, please let me know, Mr. Blain's phone number is (214) 320-6151. Thank you in advance for your cooperation in this project which should prove beneficial to all of us. Sincerely, Shirley SpeHerberg, Mayor Town of Corinth P.S. Each entity may at their own discretion increase th9 amount of one way operation over the minimum amount W fnrt", by the State in the Minute Order. ANNE, / RESOLUTION NO. WHEREAS, in 1~EC on Ilq'~ RSTATE IGHNAY 35E from north of Hickory Creet~ c . ghway 7 sou o n own, a project is pre- sently included in the S Year Development Schedule of the 10 Year Pro- jact Development Plan for widening the existing facilityl and WHEREAS, increasing industrial development in the immediate area of Farm to Market Road 2151 mandates that special attention to given to Interstate Highway 352 in the Denton, Corinth, Hickory Creek and Lake Dallas Areal and WHEREAS, it has been determined that imminent improvements to Inter- state Highway 35E would require the conversion of the frontage roads to one-way operation within the Cities of Denton, Corinth, Lake Dallas and Hickory Creekl and WHEREAS, new points of access along an Interstate Highway require Fed- eral Highway Administration Washington, D,C., Office approvals NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF CORTNTHi 1. The Town of Corinth agrees to cooperate in the conversion of the frontage roads on Interstate Highway 35E to one-way operation from the north and south city limits boundarys and, 2. The Town of Corinth further requests the State Department of Highways and Public Transportation to proceed with pro- ject development through right of way acquisition and con- strucilion on Interstate Highway 352 inside the City Limits of the Town of Corinth including any necessary interchanges and ramp improvementst and, 3. The Town of Corinth agrees to adopt an Ordinance converting the highway frontage roads to one-way effective upon receipt of written notice from the State Department of Highways and Public Transportation at least thirty (30) days prior to the beginning of construction on the, highway improvements and, 4. By means of this Resolution, the Town of Corinth hereby ac- cepts Minute Order 184908 of the State Department of High- ways and Public Transportation for District 1180 Denton, County, dated August 28, 19861 and, S. BE IT FURTHER RESOLVED that a copy of this resolution he forwarded to the other governmental entities involved in the Minute Order respectfully requesting each entity to act upon the Minute Order an it pertains to their respect- ive jurisdictions at the earliest possible time, but in no event lator than ninety (90) days from August 28, 1986, as required by the Minute Order. PASSED AND APPROVED this day of 1986. Shirley pe er erg, Mayor Town of. Corinth Alice Beamero City Secretary Town of Corinth Traffic safety Minutes page S of 8 pages October 4, 1986 get to the gas pumps. He said they had proposed to close number 3 and eliminate one curb cut on Carroll Boulevard. Closing two driveways would cut down on business. He said they had talked to one of the gas com anies in Denton, Texas and they hAve withdrawn the r offer because of the situation. Mr. Hashemi said no would appreciate the commission's consideration in.leaving curb cut number 2. John Thompkins asked the staff I one was traveling north coming from the south on Carroll, assuming driveway number 2 was closed, what was the possibility of making a left turn across Hickory into driucway numher 14 Would that present a danger? ferry Clark said no. Mohammed Hashemi said according to Section 8, Article 3 of the Denton Code certain require ants could be made for truck delivery of gas and fool, He said for a convenience store and gas station to operate they would need access number 2, STAFF xECUMMENDED : Denial of request COMMISSIONERS* %'irginia Gallian made a motion to except the staff recommendation that driveway number 2 and 3 or 4 be closed. Doris Chipman seconded the motion. It passed unanimously. 1111EM 05 Vlh'?„ OBSTRUCTION AT BUCKINGHAM SUNVALLEY: Paul 'wuchukwu said the obstruction had been cut by the City staff to ground level. The staff wanted to present this information to the commiision. ITEM g6 MINUTE ORDER #84908 ON 135 H FROM TEXAS DEPARTMENT OF HIGHUY ANFPUB T SPORTATIONt Jerry Clark presented the request. He said David Salmon recently attended a meeting held i.y the State Department for all surrounding cities. The State proposed to widen 135 in conjunction with the Boeing plant from Turbeville Road in Hickory Creek/Lake Dallas to Corinth Road in Corinth. They feel the most cost effective way of doing it would result in widening the road at the same time to 6 lanes. Thee are stating that they would not be using those lane:a until 1992, so the SDH 4 PT will button them off, The affect it has on the City of Denton would be from Shady Shores road to Mayhill and State School road, The service roads would be changed to one way, We feel it would be important to help the noighbor cities to the south of us. There could be a ossibilitK that the widening of the road would go as Far as Highway 77 north of Denton in 19924 Traffic Safety Minutes page b of 8 pages Ocrober 4, 1986 Jerry said everyone in the area had been notified by handbill. The staff was not given enough time to notify them in any other way. Curtis Hawley from Oakmont Subdivision came forward. He said he was not speaking in oppobition. Oakmont owns all the property on the west side with the egception of the car dealerships along the frontage road. Had the City of Corinth approved the proposal? Jerry Clark presented Mr. Fawley a copy of the memo from Corinth approving it. Larry Benson, president of Triangle Chevrolet came forward. He said his company was part of the North Texas Auto Ylex located on the service road between the State School Road and Shady Shores road currently on 13 acres. They plan in the near future to develop another 14 acres into an automotive area. Within a period of time, they would have a total of 27 acres 3n the area to better serve the citizens of Denton. Mr. Benson said changing the access road to one way' going south would severely hamper the sales and service needs of the citizens of Denton. There was only one exit off 13S to get into the Shady Shores area and into the Auto Alex. He reiterated that he was against changing the service road to one way. Lewis Smith, a representative from the sales and service department of the North Texas Auto-flex came forward. He was in agreement in having the freeway come further up but was not in agreement with changing the service road i-o one way. 'there was plans to add more franchises north and south of the Auto-Flex making it the sole employer in that area. For the last few months, they have been one of the top S Oldsmobile dealerships in sales throughout the United States. The vast majority of their employees and customers are from Denton. They want to continue to allow them good access into the Auto-Flex, k.J. Button came forward. He said he was the owner of Lakewood Estates and Lakewood Manufacturing home sales at the corner of Mayhill road/State School road and 13i. He also owned property in the Corinth area. All the service roads would ultimately be one way. If the State was going to widen stretches of the road In the middle to six lanes, but not use It for some period of time, it would only seen that the changin of the service roads could be delayed as well, vne way traffic does hurt businesses and any delay could be helpful. Traffic Safety Minutes October 4, 1986 page 7 of 8 pages Von Rodman, with Vdin Olds Cadillac of the Auto-flex came forward. He said as previously stated 901 of their employees 1:'Ive in Denton, Inadvertently, that percentage of customers come from Denton as well. If the ordinance was passed, all those people would be inconvenienced by a four mile drive to get back to Denton. Could there be a delay in changing the service road to one way? Jerry Clark said it was not a project of the City of Denton. He thou ht the main reason the State was trying to get th s cleared up was the service roads would be used to carry traffic during construction. Gilbert Berstein asked Jerry when he thought the State would begin. Jerry said once all the ordinances were passed it could be 12 to 13 months. STAFF RECOMMENDED: Approval COMMISSIONERS: Virginia Gallian made a motion to approve the ordinance but to delay the implementation until construction begins. Vivian Edsiards seconded the motion. It passed unanimously. GENbRAL BUSINESS: 1. Virginia Gallian requested that Jerry Clark look at North Texas State Universities S - 10 yr traffic plan in relation to thoroughfares and report back to the commission the affects they could have on surrounding streets. 2. View Obstruction at the intersection of Alley "X" ai,d Hickory: Paul Iwucnukwu said Mr. Thomas Judd of 1011 West Oak was requesting a solution be found to the view obstruction that existed at thy, intersection of Alley "X" and Hickory. The chief cause of the problem was that there was a vertical crest curve just west of the intersection. The vertical crest curve would naturally limit the sight distance of the drive approaching the intersection from the alley. Large vans and pickup trucks park along the curb blocking sight dista.nco as well. The alley way does not belong to the Gl; ty. It Is a private access easement. Maui said the staff had three recommendations for a possibl9 solution to the problem: 1. Making Alley "X" one-way northbound lL/ DATES November 4, 1986 CITY COUNCIL AGENDA ITEM TOt MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER RESOLUTION AND POWER LINE LICENSE FOR CROSSING AT MAYHILL ROAD AND THE MISSOURI-KANSAS-TEXAS RAILROAD COMPANY RECOMMENDATIONs The Public Utilities Board at its meeting of October 22, 1986, recommends that the Railroad License be purchased for the overhead elelotric crossing for the MK&T Railroad and Mayhill Road. The cost of this license is $915.00. SUMMARYs The crossing will be constructed of 795 AAC conductor and will be use6 to serve the Southern Hills Development with electricity. BACKGROUNDS When Southern Hills began development, a decision was shade that for such a large development a main line feeder would need to go down Colorado Boulevard. The most convenient places to tie the proposed main line feeder into the existing electric utility system was at MK&T and Mayhill and MK&T and Loop 288. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDs City of Denton and City of Denton Electric Utilities Railroad License MXBT and Mayhtli Road Page 2 FISCAL IMPACT: Cost of MK5t License for crossing: $915.00. Res tfuullllly Sum tedt v L yd V. Harrell P pared By: City Manager E. B. Tullos Director of Electric Utilities Approved By: R. E, Nelson Director of Utilities ATTACHMENTS: I - Invoice It - Proposed Resolution III - Power Line License 1111 - PUB Minutes of 10/22/86 O~ltilNAt CITY OF DIENTON, TEXAS BIII Audit No, 8-1-6`7-32 215 E. McKinney Street Denton, Texas 76201 Month's Acct. AE 31D s 8M30-86 MAKE CHECK PAYABLE TO MISSOURI-KANSAS-TEXAS RAILROAD COMPANY DATE 8-14-86 REMIT TO TREABIJRER 701 Commerce St., Dellis, Texas 76202 FILE T-18753-8 CONSIDERATION due under termo and conditions of Power Line License dated September 1, 1986, covering one aerial 13.2 KV distribution li at Mile Post K-725.25 in Denton, TX-.--....-----.,---- $915 00 • 1$4SL R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON: • The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Pipe Line License Agreement dated September 1, 1986, between the City of Denton and the Missouri-9anses-Texas Railroad Company, relating to the construction, reconstruction, use, maintenance, repair and installation of one aerial electrical distribution line containing a maximum of 13.2 XV at Mile Post R-725.25, Denton County, Texas. PASSED AND APPROVED this the day of , 1986. CITY OF DENT6N,'TEXAS ATTEST: CHMOTTE ALLER, CITY SECRETARY CITY OF DENTON* TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS By t Air( a« i r+ ' MXX COPY POWER LINE LICENSE 0 THIS AGREEMENT No-- 1"44e thin let ...Aby of between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "LioensW and CITY-OF VENTgn. TEXAS hereinafter called "Licensee". WITNESSETH: ARTICLE 1. 1. XM: This sgreement shall tape effect the date hereof, and unless sooner tsrui. "td as provided herein, shall continue in faros so long as used for the purpose herein set out for a period of ten (10) years, or until terminated by either party giving the other party not less than thirty (30) days' advance notice in writing of an intention to terminate the saooe, the agreessent to terminate upon the expiration of such term or notlea, whichever occurs first. Licensee is hereby given a renewal option at a price and term to be negotiated no tanner than 130 days or less than 30 days prior to the expiration of this tarts. In the ev.at the amunt of renegotiated rental is not agreed to in writing by both parties, prior to the aspirstiom of the term of this license, this license shall autotsati- aally terminate without notice, effective the last day of the expiriag tars. 2. Cossispatba and Desesiptke: In consideration of NINE MINHRRn ETMEPW Awn #m/1n,n ---•-.....----------------------•---,-----------.----.--•---•--...(S 9I5,00 )DOLLARS, pt of which is hereby acknowledged, and of the covenants of Licensee as i+t. Anafter to forth. Limnsor hereby grants s tieense permission to License to construct, reconstruct, use, maintain, repair and insult_ One 9,101181 eleta containing a maximum of YV _ at Mile Pe. Kz2Czy5 situated on, across or along Licensor': property at or near Denton in the County oL-, mow and State of Texas For convenience, the said lwwer line with all tower, poke, wires and appurtenances insofar as they relate to said power line upon said right of way is heroin called "Crossing". The location of said Crossing is more particularly described as follows: Said 4 wine aerial electrical 13.2 KV distribution wire line crosses said Railroad Company's premises at an migle of 74 degrees 00 minutes, more or less, measured to the right, southwesterly from the centerline of said Railroad Company's Denton Subdivision main track at Mile Post K-72S.250 being main track valuation chaining station 1733+99, distant 68 feet, more or less, measured southerly along the centerline of said main track from the centerline of Mayhill Road crossing DOT 414 687 R (chaining station 1734+65). said wire line is not within the limits of a public crossing, M ' r AIITIt'1.1.1l. Lk vnwc vndertokcb and agrees I,1►peeifitellm- All crossing, shall he constweted, nv"structed, used, maintained. aftented, rtperrrd and tnoalled to net accordance with the tpeciftcsttionsgar the time tumor of the )lational EleetrialSahtyCcdc-Pan 2."Safot+ R tales for the tollotwn and Maic:.enance of Electric Supph and Communicalion Lines", provided that all material and -workmanship glossed in the construction, reconstruction. use, maintenance, operation, repairs, and installation of the Crossing shall Mr whtect to the appro+•al of Licensor'sChief Engineer. In anyevent, (however, said Crossing. ifeerial, shall clear the rails nl any track o(arrcensor at kam thirty(3o')feet, and no poks shall be placed nearer then fifteen (Is') feel to the main track or any side tract l hr Crossing over any track shall be as nearh as po+ssibk at right angles If aid Crossing is buried, It shall he placed to a conduit whrre the top of the conduit is at least five and one-half (S~') feet beneath base of rut and five and one-half (Slo') feet beneath surface of `round at all points within Licensor's right of way, 2. Present Occupants: To make appropriate arrangements with ear person or legal entity occupying the premiw% affected hereby pursuant too lease or otherpermissiontgranied by Licensor, so brat Licensee's sad Crossing will not unreasonehty interfere with the use of the subject property, or crate undue hardship on the person or legal entity occupying the prcmi. 64 3, LiabMity: Licensor shall not be liable for any damage to said Crossing or the contents there*(. howsoever such damapt- shall be caused, whether by the negligence of Licensor, its agents, employees or otherwise, Licensee assumes the risk of, and shall protect. indemnify and hold harmlesr Licensor from and against all liability for or on account of injury to or death of any and all persons or damage to property, including livestock killed or injured, resulting from or incident to the construction, maintenance. use, operation, relocation, reconstruction or existence of said Crossing on I.icensor's premises, or the removal thereof, from aid premises, or to the restoration of or failure to restore said premises to their prior or other condition as herein provided, whether such injury. death, or damage shall be caused or contributed to by the negligence of Licensor, its agents, employees or otherwise, and Licensee will protect, indemnify and hold harmless Licensor and any others kplly using its right of way, from all claims, demands, wits or actions growing out of any such sons, injury or demands, including investigation costs, court costs, and attorney's fees resulting in or in any mannerarising from the yaks herein assumed by Licenset. Licensee further agrees to immediately investigate any such claims, demands, or suits and shall defend, settle and/ or otherwise dispose of the same at its sole cost and expense, In the event Licensee settles any such claims, demands, or suits, it shall obtain a release which includes Licensor. Liensee shall not have or make against Licensor any claim or demand for or on account of at. damage Licensee tray er or su,.iain because of any failure of Licensor's tide to the right of way and lands occupied by ss~ Crossing or any part reoc Ar Waiver: To waive all right to question the validity of this License or any of the terms or provisions hereof, or the right or power of Licensor to execute and enforce the same, S. 1!I>i61! OPTICS; The rights granted herein bra subordinate to, and shall not interfere with, any rights previously granted to other parties for the installation, osaintenance and operation of any fiber optic eomaunication systems, ARTICLE Ill. It is mutually agreed by and between the parties, as follows: Ma) Repairs and Relocation: Licensee will at all times maintain the Crossing in a safe and secure manner, and in a condition satisfactory to Licensor, Licensor cosy request Licensee to chanse the location of the Crossing, or any pan thereof, or to make reasonable repairs as in the judgement of Licensor shall be deemed neamary to avoid interference with or danger in the use or operation of Licensor's railroad, or any of its present or future appurtenances, or telegraph, telephone, signal or other lines on L kemor's right of way, and in the event it is found necessary for Licensor to use its entire right of way, orany portion of it oecup k d by the Crossing. Licensee shall at its sole ex ptose, and within thirty (30) days after notice so to do, (or upon shorter notice in as se of smasency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way to required by Licensor, (b) If Licensee shall fail to perform any of its obligations contained in this agreement to the maintenamY of safe conditions In and about said Crmsins or as to the protection of wire from electrical interference on Licensor's grope; ty or to make any nft*ssary repairs, or to relocate said Crossing, then Licensor may cause such condition to be made aft, orchange of location to be'made, or repairs to be made, or Crossing to be removed from Licensor's proppeerty, Licensor acting as the agent of Licensee and may perform such work as is necomery in the jWS - -ertI of Licensor, and Licensee shall, on demand, promptly reimburse Licensor the whole cost thereof, plus ten (10%) par cent thereon as a charggee for supawakn, accounting, and use of tools; or nsor may terminate this License by giving to License sat less than ten (10) days' advance written notice of Its intentktt so to 2. Teermshoo oat Licensor may terminate this License upon ten (10) days' written notice fl Licensee fails to keep any of Licensee's covenants herein contained, or if the *M of way r required for other purposes by Licensor, and so reimbursement tthall be made for Licensee's expenses ittcurrtd is the removal of this crossing or the consideration paid for this License, No termination orexpiration shallef[ert the righloand liabilities, Karl, of the parties hereto thanexistiagr IR.'NstlattNtatat Up= the ltartntfltsliots s(aisle ttpeenneal. whether in ao4ertgaoe with the provisiertb of ForaRnpdt I of As1itlt I: or pa+ttprtthlt 7 w d of Attiele ill, or otherwin. Lioeow ahdl pt ly remove acid Cressiry frm Linwor's ripkt of way. and room at rJ& of rsy to its prior condition, W to a eatdition sat' octory to Licensor, If Licensee shall fail to remove said Crossing within thine (JO) days after the termination of the anent. Licensor may retnovt the nine. and charge the expense therefor to the Licensee on the basis provided in Pamgta Ifb) of Article 111. 0 4. 11111seeNttwom (a) This License and all of the provisions herein contained shall be binding upon the parties herein, their heirs, ext¢ulori, administrators, successors and assigns, and Licensee agrees to supple notice in writing to Licenmir of am namechanges. Lieenm agrees not toassign this License many interest therein, without the consent of Licensor in writing, and and and every such attempted assignment without such prier written consent shall be void and of no effect, In the event of anv assignment. Licenser shall at all times remain fully responsible and liable for the payment of the rental, if and, herein specified and for the compliance of all of its other obligations under the terms. provisions. and covenants of this License. (b) In Ike event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate on an% rcurl% anniversary date of this license by giving Licensee thiny(,101 days' written notice. Licensor mov increase the reniiOs+ Ih' percentage that the Consumer Price Index has increased, published by the Department of Labor. since the last rental increase period, or the lost anniversary date hereof. (c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether Licensee he a natural person, a partnership, or a corporation, or any combination thereof. (d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or delivered to Licensee or his sulhorized agent, or if posted on or if mailed, postpaid, addressed to Licensee at his last known place of business. (e) No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteration, amendment, supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless the same be supplemented, altered. changed, or amended by an instrument in writing. signed by Licensor and Licensee. (f) This License does not became binding upon Licensor until executed by Licensor's vict--president. IN WITNESS WHEREOF, the parties hereto have executed this agreement as ofthedoyand year f`irsiabove writien. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY By Vice-President CITY OF DENTON, TEXAS By Title - Mayor Address; 215 E. McKinney Street Denton, Texas 76201 i Pile: T-18753-E -3- J L o ~ I r gyn.. 045 N L o , '~y 46 Alp CIO Aft r Elie qr/ . ~ A j . w > EXCERPT PUBLIC UTILITIES BOARD MEETING OF OCTOBER 22, 1986 9. CONSIDER RESOLUTION AND POWER LINK LICENSE FOR CROSSING AT MAYJJILE UA AND l E 1 SSUU -XANti 5- A RAILROAD LOMIJXRY Tullos explained that this crossing will be constructed of 795 AAC conductor and will be used to serve the Southern kills development with electricity. '!he cost of this • license is $915.00. Thompson moved to recommend approval of the subject resolution and power tine license. Frady second. All ayes, no nays, motion carried unanimously. i ~J #r DAM October 220 1986 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT.: Personnel Policies ` RECOMMENDATION: Recommend Council approve the following policies; 108.04 Use of City Vehicles 112.01 Separation/Out-processing Procedure SUMMARY: Two policies are being presented for adoption. i BA, ':GROUND: Both policies are new policies. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED; All City employees FISCAL IMPACT: Neither of the policies will have a fiscal impact on the general fund. Respectfully submitted: Lloyd . Harrell City Manager Prepared by: Paulette enH--Holmes Program Administrator Approved; ZiKijaj Assistant City Manager CITY M DIFNTOWS T<XAS MUNICIPAL BUILDING / 215 E. MoK1NNEY ST. / DENTON, TEXAS 78201 M E M O R A N D U M DATEt October 27, 7,986 TOt Betty McKean, Assistant City Manager FROMt Paulette R. Owens-Holmes, Program Administrator SU13JECT: COUNCIL AGENDA ITEMt POLICIES AND PROCEDirRES At, the November 4 City Council meeting, we will be presenting two (2) policies f.'or adoption. The following i.s a brief summary of each policy, 1. Use of City Vehicles 108,04 The main intent of this policy is to outline the administrative procedures for the proper u3e .tnd maintenance of City vehicles, This policy provides that City vehicles shall be used only for City business except to attend non-City bi,siness that can be handled in a short period of time while enrout.e to a destination which is for City business, The policy also contains provisions for authorization for "take home" vehicles, Procedures outlined in this policy will apply to sll City personnel except those personnel of the Police Department using City vehicles under the Individual Assigned Vehicle Plan. 2, Separation/Outprocessing Procedure 112.01 The main intent of this policy is to expedite employee out-processing and insure a smooth transition without adversely affecting department efficiency. This policy outline, procedures for voluntary separation from all positions of employment within the City organization. Included are procedures for notice requireri-pots, the separation process, and exit interview. Paulette ns-Holmes Program Administrator 81715W4 AO D/PW METRO 434-250 1b28L R E S O L U T I O N WHEREAS, the Director of the Personnel /Employee Relations Department for the City of Denton has presented proposed policies regarding employee rules and regulations for the Council's consideration; and WHEREAS, the City Council desires to adopt such policies as official policies regarding employment with the City; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS, THAT: SECTION I. The following policies, attached hereto and made a part hereof, are hereby adopted as official policies of the City of Denton, Texas: Use of City Vehicles (Reference No. 108.04) Separation/Out-Processing Procedure (Reference No. 112.01) SECTION Ii, The foregoing policies are attached hereto and made a part hereof and sha.'1 be filed in the official records of the City of Denton with the City Secretary. SECTION III. The previous policies relating to Use of City Vehicles (Reference No. 108.04) and Separation/Out-Processing Procedure (Reference No. 112.01), adopted by Resolution of this 'ouncil on September 18;. 1984 are hereby rescinded. i.'!. Y.. . .G ~T.T~i.m Fi s..: t"♦ i.n _'~~R~ is ( ` SECTION IV. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1986. RA , RAYOR CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN CITY SECRETAR7 CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DZ. RA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 2 j.. V 1. Swami .1 CITY OF DE'NTON PAGE' 1 ~Of_.... POLL ADMININTI TIVS PROMURS/ADMINISTSATM DIRMITS R[f[R[NCR SECTION; NUMSERI PBRSONNBL/BMPL YBB ABLATIONS 108.0 EFFECTIVE DATE: SUBJECT. ' STANDARDS OF CONDUCT FOR BMPLOYBBS REPLACES, TITLE: U82 OF CITY VB ICLSS POLICY STATRM&NT: City vehicles shall be used only for City business, exoept as otherwise provided for herein. This polioy and the administrative procedures herein adopted shall apply to all personnel of the City, except for those personnel of the Police Department using City vehicles under the Individual Assigned Vehicle Plan, in accordance with General Order No, 109.00. 10943 10/27/86 CITY OF DENTON PAGE.~.1:Cf 1 POLICT/ADIIEIEINTRATIVI PIOOSOU'RS/ADYIIIISTIATIVS DIISOTIVS REFERENCE SECTION, NUMBER: 112.01 SUBJECT: EFPECTIVE DATE: ARATION TITLE: REPLACES: B POLICY STATSMBIIT: It to the policy of the City. of Denton tq require advance written notice of an impending voluntary separation from all positions of 'employment within the City organization. Minimum notice is necessary in order to expedite employee out-processing and insure a smooth transition without adversely affecting department effiLlmncy. 02958 10/27/86 1630E / R E S O L U T I O N WHEREAS, the City Council has called and ordered a bond election for December 130 1986 for the purpose of submitting to the voters of the City of Denton certain capital improvements; and WHEREAS, the Blue Ribbon Committee fulfilled its charge of making recommendations relative to the projects which should be submitted to the electorate and, among those recommendations was the suggestion that a special committee be appointed by the City Council to monitor, evaluate and report on the progress of the Five Year Capital Improvements Program should the same be authorized by the voters; and WHEREAS, the City Council is desirous of accepting such recommendation; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. That the City Council hereby commits to its intention to appoint a special committee to monitor, evaluate and report on the progress of the Five Year Capital Improvements Program, should the same be authorized by the voters in the special election to be held on December 13, 1986. SECTION II. That this resolution shall take effective immediately. PASSED AND APPROVED this the day of , 1986. CITY OF DENTON, TEXAS ATTEST: CHARLOTTE ALLEN, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: 1611L R E S O L U T I O N WHEREAS, drug abuse has grown to such an extent that it now threatens the progress, the quality of life, and the very security of this great nation; and WHEREAS, the national war on drugs must be fought on all levels, on all fronts, and the battle in our cities will be a critical one because it is in our cities that the demand for illegal drugs must be halted; and WHEREAS, a successful counter-attack on drugs will require the active support of all the citizens of our cities; and WHEREAS, the United States Conference of Mayors has declared Tuesday, November 18, 1986 Mayor's D-Day in the War on Drugs and has called upon all mayors to join that day in a national mobilization that will raise all citizens' awareness of the threat posed by illegal drugs; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION I. The Council of the City of Denton hereby declares Tuesday, November 18, 1986 to be Mayors' D-Day in the War on Drugs in the City of Denton, Texas. SECTION II. That the citizens of the City of Denton, Texas participate in our goal of a Crug-free City and a drug-free America, t+ fdi SECTION III. That this resolution shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 1986, RAY STEPHENSo MAYOR CITY OF DENTON, TEXAS ATTEST: CUREOTT-E MEN CITY SEMPTUY CITY OF DENTON,,TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: PAGE 2